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St  JHt.  .325 


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EEPORT 


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OF     THE 


Inter-Departmental  Committee 


ON    THE 


NATIVE  PASS  LAWS. 


1920. 


Presented  to  both  Houses  of  Parliament  by  Command  of  His  Royal  High 

the  Governor-General. 


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3.:  JAN  192-6 


UNION    OF    SOUTH    AFRICA. 


REPORT 


OF     THE 


Iiiter-Departnieiital  Oonimittee 


ON     THE 


NATIVE  PASS  LAWS. 


1920. 


Presented  to   both  Houses  of  Parliament   by  Command  of  His  Royal  Highness 

the   Governor-General. 


CAPE   TOWN: 
CAPE  TIMES  LIMITED,   GOVERNMENT  PRINTERS. 

1922. 


[U.G.  41-'22.] 


B.6/3(M3».10(X).11.22. 
O.T.LW.-B367V. 


r« 


UNION  OF  SOUTH    AFKICA. 


Report  of   tho   Interdepartmental    Corninittee    on  the 

Native  Pass   Laws  11)20. 


Presented   to    botit    Houses  of  I'urliaiiient   bt/  Coiin/itniil   of   His   /'oi/nl   II i (/Imi-ss 

the  Governor-General . 


Dej)aitnieut    of    Native    Afi'airs, 
Z.A.S.M.    House, 

P.O.   Box  384, 

Pretoria, 

L'4lL  March,   1920. 


To  the  Honourable 

The  Minister  of  Native  Affaiks, 
Pretoria. 

We  have  the  iiououi-  to  present  the  followini;-  report: 

PAKT  I. 


Introduction. 

1.  Your   Committee  was  appointed   on   thrj  2n(l   of  .Tanuarv,    1920,   under  Government 
Notice  No.  12  of  1920,  consisting  of:  — 

Lieut-Colonel  G.    A.   Godley,   C.B.E.,   Acting    Under  Secretary    for    Native    Affairs 

(Chairman). 
H.  S.   Cooke,   Esq.,   U.B.E.,   Assistant   Director  of  Native  Lalwur. 
W.  T.   Welsh,  Esq.,  Assistant  Chief  Magistrate,  Transkeian  Territories. 
J.  F.  VAN  Iddekincje,  Esq.,  Magistrate,   Bethlehem. 
Captain  H.   D.   Hemswoeth,   Sub-Native  Commissioner,    Pretoria, 

with  the  following  terms  of  reference,   i.e.,  to  consider  and  report:  — 

A.  To  what  extent  the  existing  pass  laws  in  the  various  Provinces    can    be    revised     and 

modified,  with  a  view  to:  — 

(1)  the  removal  of  grievances  alleged  h\  those  to  whom  they  apply; 

(2)  the  effective  operation  of  the  restrictions,   the  retention  of   which,  may  be   found 

necessary  or  desirable ;   and 

(3)  simplicity  of  administration. 

B.  To  what  extent  such  provisions  relating  to  passes  as  the  Committee    may    recommend 

can   be   consolidated   for   general   application   throughout    tlie    Union,    or    throughout 
merged   areas  of   Provinces  or  Districts  with  a   view   to   increased   uniformity. 

C.  Whether,  and  to  what  extent,  it  would  be  practicable  to  make  use  of  the  tax  receipts 

issued  to  natives  in  substitution  for  passes  or  documents  of  identification. 
1).  To  what  extent  the  existing  regulations  relative  to  the  registration   of  contracts  under 

Act  No.    15,   1911,   require  revision. 
E.  Wiiether  and,   if  so,   to  what  extent  any  modification  of  the  provisions  of  Act  No.    15, 

1911,  may  be  necessary; 

and  generally  to  submit  concrete  proposals   in  the  premises. 

2.  In  regard  to  the  terms  of  reference  it  may  be  stated  that  the  following  letter  was 
addressed  on  the  Tth  .January,   to  the  Chairman  by  the  Secretary  for  Native  Affairs:  — 

"  As  it  has  been  suggested  that  the  terms  of  reference  to  your  Committee, 
"  letters  (D)  and  (E)  in  Government  Notice  No.  12  of  1920,  might  be  erroneously 
"  construed  as  involving  a  general  duty  of  revision  in  regard  to  Act  No.  15  of  1911 
"  and  the  regulations  thereunder,  I  am  directed  by  General  Smuts  to  inform  you 
"  that  the  terms  of  reference  to  your  Committee  were  drawn  with  the  intention  of 
"including  only  such  aspects  of  the  Native  Labour  Pegulation  Act  as  can  in  any 
"  way  be  correlated  with  the  pass  system.      This  seems  sufiiciently  obvious  from  the 

"  notice.  .  . 

"  It  may  seem  to  you  superfluous  to  point  out  that  the  provisions  of  Act  No.  lo 
"  of  1911  in  regard  to'  the  native  lalxjur  supply,  control  of  recruiting,  appointment 
"of  inspectors,  etc.,  are  not  within  the  purview  of  your  Committee  but  it  has  been 
"  sugo-ested  that  certain  witnesses  whom  you  h.ave  to  examine  may  wish  to  deviate 
"from  the  objects  of  your  enquiry  to  extraneous  matters." 

[F.G.  41— '22.] 


3.  Ill  order  to  fiive  every  oi)|)ortuinty  to  persnuv  desirous  ot  <iivi)i<^  evidence  of  appear- 
ing before  the  Conuiiittee  we  arranged  to  sit  at  the  principal  centres  throughout  the 
Union.  Notices  givinji-  the  terms  of  reference  to  tlie  Committee  were  published  for  general 
information  in  the  Press  and  invitations  to  give  evidence  were  sent  to  the  representatives 
of  the  agricultural,  industrial,  mining  and  commercial  interests,  municipal  and  native 
welfare  associations,  native  political  l)o<lies,  missionary  organizations  as  well  as  to  magis- 
trates and  the  police  authorities  at  the  centres  which,  the  Committee  proposed  to  visit.  As 
far  as  possible  we  confined  our  invitations  to  representative  bodies  or  associations  leaving 
it  to  individuals  to  come  forward  and  tender  evidence  if  they  so  desired.  We  commenced 
our  sittings  at  Johannesburg  on  the  12th  January,  1920,  and  subsequently  visited  and  took 
evidence  at  Pretoria,  Pietermaritzburg,  Durban.  Kokstad,  rmtata,  King  "William's  Town, 
Port  Elizabeth,  Cape  Town,  Kimberley  and  Bloemfontein.  1:38  groups  of  witnesses  repre- 
senting public  bodies,  associations  and  individuals,  were  examined,  a  list  of  which  is 
attached.     (Annexure  A.) 


PAET  II. 

Htstohical. 


IS 


4.  Before   dealing   with    the   findings   and    recommendations    of    this    Committee    it 
advisable  to  prefix  a  brief  history  of  the  pass  laws  and  the  ciicumsfanees  which  led  up  to 
its  appointment. 

5.  A  memorandum  dealing  in  detail  with  the  pass  laws  in  operation  was  published  as 
an  annexure  to  the  second  and  third  reports  of  the  Parliamentary  Committee  on  Xative 
Affairs  in  1914  [8.C.  S — '14].  This  has  been  revised  and  brought  up  to  date  and  is 
attached.     (Annexure  15.) 

Pass  laws  in  the  various  Provinces  of  the  Cnion  have  in  the  past  been  considered 
necessary  to  secure  control  over  the  native  population  and  to  provide  a  safeguard  against 
crimes  such,  as  stock  theft.  In  the  earlier  days  their  aim  was  principally  directed  against 
an  influx  of  natives  from  the  neighbouring  barbarian  tribes  and  for  the  protection  of  the 
cattle  and  property  of  border  farmers.  As  the  country  became  more  settled  they  were 
utilized  for  enforcing  contractual  obligations  between  natives  and  Europeans  and  for 
detecting  deserters.  liater,  T\hen  the  natives  began  to  seek  employment  in  the  large  Euro- 
pean urban  and  mining  centres — more  particularly  the  Witwatersrand — these  laws, 
amplified  and  extended,  have  been  used  to  maintain  order,  to  detect  desertion,  to  identify 
on  behalf  of  their  lelatives  natives  who  have  become  lost  and  to  trace  the  heirs  of  those 
who  have  died  leaving  assets  which  should  properly  be  distributed  at  their  homes. 

6.  The  earliest  reference  to  pass  provisions  in  the  Cape  appears  to  be  in  the  Procla- 
mation of  the  Earl  of  Macartney,  dated  the  27thi  of  June,  1797,  which  aimed  at  exclud- 
ing all  natives  from  colonial  territory  and  directed  farmers  and  others  employing  natives 
to  discharge  them.  A  policy  of  out-and-out  segregation  was  probably  contemplated  and 
no  native  was  to  be  allowed  within  the  established  limits  of  the  Colony  without  a  pass. 
This  policy  was  subsequently  abandoned  and  Ordinance  Xo.  49  of  1827  made  provision  for 
the  admission  of  native  foreigners  for  employment  in  the  Colony  under  passport.  Act  No. 
22  of  1867  which  repealed  this  ( )rdinance  still  remains  in  force. 

7.  By  Act  No.  23  of  1S79  as  amended  by  Act  No.  27  of  1889  an  owner,  lessee  or 
lawful  occupier  of  any  land  or  his  duly  authorised  representative  can  apprehend  as  an 
idle  and  disorderly  person,  and  take  before  the  nearest  magistrate  or  special  justice  of  the 
peace,  any  person  found  without  his  permission  wandering  over  any  farm  or  loitering 
near  any  dwelling  house,  shop,  store,  kraal,  or  other  enclosed  place  or  loitering  upon  any 
road  crossing  such  farm.  The  onus  of  proving  his  boiw  fides  is  further  placed  upon  the 
person   arrested. 

It  is  usually  stated  that  no  control  of  the  movement  of  the  native  popiilation  exists 
in  the  Cape  Province  proper  beyond  tliie  laws  dealing  with  passes  for  native  foreigners 
which  have  fallen  into  desuetude,  but  it  will  be  seen  that  the  provisions  of  the  law  above 
quoted  to  a  large  extent  fulfil  the  same  purposes  as  the  pass  regulations  of  the  Transvaal. 

It  is  well  that  this  should  not  be  overlooked  in  comparing  the  position  of  the  natives 
in  the  Cape  Province  proj^er  with  that  of  natives  in  the  other  Provinces. 

8.  It  will  be  apparent  from  Annexure  B  that  little  or  no  attempt  had  been  made 
prior  to  Union  to  deal  with  this  matter  on  uniform  lines  although  each  government  had 
felt  it  necessary  to  maintain  some  system  of  control  over  the  masses  of  uncivilized  natives 
within  their  respective  borders.  It  is  noteworthy  too  that  the  Schedule  to  thie  Act  of 
Union  setting  out  the  conditions  under  which  the  neighbouring  territories  might  subse- 
(|uentlv  be  incorporated  with  the  Union  contemplated  the  existence  of  pass  laws,  as  Section 
IS  of  that  Schedule  stipulates  that  ''  tkere  shall  be  free  intercourse  for  the  inhabitants 
"of  the  Territories  with  the  rest  of  South  Africa  subject  to  the  laws  inrhidi/iff  the  pass 
"lows  of  the  Union."  With  the  achievement  of  Union,  however,  the  differences  between 
these  varying  systems  at  once  began  to  come  into  prominence  and  furnished  the  more 
advanced  natives,  who  were  by  no  means  satisfied  with  their  position  under  the  Union 
settlement,   with  a  political  cry. 


3 

0.  Allcr  tlu>  Sciiidi  AtricMii  \\;ii  a  Miuil;ir  iiin\cinriil  lodk  |il;(c('  in  (ho  Tiimsviial  for 
llu'  iiliolitioii  ot  (lie  pass  laws  and  IcKcis  wcri'  atltlii-'S'-cd  to  ilir  [iii|iriial  ( idvcrimiciil  liv 
the  A  Ixii  ii;iiM'>  I'nid'cl  icni  Socii'ly  in  l'".ni;laii(l  pic^^infr  lui  lln-  fiiiaiiciljalioii  ol  tlic  iialtvc 
]>ii[)ula(ion  nl  I  lie  'I'raii^vaa!  IKmi  llic  ;ill('i;('(l  ()])|)rcssiM'  cnarl  incnls  of  llic  forniiT  l!i|nildi- 
caii   (!(i\cTiinirnl    wliirii    iiMiia iiic(l    in    imii'   iiinirr  ('r<i\\ii   ChIkiiv   Ailniiiiisdation. 

riic  lli;:li  ( '(ininiissioiicr  (T;(inl  Milnci)  in  n'|)(n(in>;'  1o  till'  Iin])('iial  (i()\  ciinncMl  mi 
litis  i('(nic>l  staled  llial  "  'I'lic  root  idea  ot  (he  old  pass  law  was  iiol  a  wnin;,'  oiii'.  If 
"  AI)oiif;iiial  Xatives  art'  to  coino  and  j^-o  in  laijic  nundicr^  in  scaicli  ol  laliour  and  are  to 
"reside  foi-  consideiahle  ])eriiids  in  llie  nii(K(  nt  a  \vliile  (onuiiunilv  tliric  inn^l  Ke  some 
■■  ])assj)oit  system,  else  the  ])la(e  will  he  a  pandemdiiium.  Alike  lor  the  prolectiou  ol  the 
■'natives  and  for  the  protection  of  the  whites  it  is  ahsolulely  essential  to  have  some  reason- 
■' able  arrantrement  hy  which  the  inconiinj;-  native  can  he  identified  and  his  movements 
"traced.  The  ini]novement  ot  the  laws  is  therefore  merely  a  step:  it  is  onl\-  ^onnil  and 
"honest  administration  which  can  make  the  best  of  laws  of  anv  nse." 

10.  The  same  despatch  contains  a  warning  a<fainst  the  dani^er  of  interference  in  South 
African  native  affairs  by  well-meaninfi'  people  in  (ireat  Britain.  This  warning  has  not 
been  followed  by  the  leaders  of  the  advanced  section  of  the  native  population  who  recently 
directly  approached  the   Imperial   Gtovernment  and  public  bodies  in   Kurope. 

Lord  Milner  further  pointed  out  that  the  Administration  had  had  the  benefit  of  th<» 
advice  of  leading  colonists  thoroughly  familiar  with  the  intricacies  of  the  old  pass  laws 
and  with  the  difficulties  presented  by  the  registiation  of  native  labour.  He  protested 
against  the  unjustified  sxispicion  and  hostility  towards  their  fellow-countrvmen  in  South 
Africa,  displayed  in  th,e  letters  of  the  Anti-Slavery  Association  and  the  Aborigines  l*ro- 
fecfion  Society  and  indicated  that  there  was  an  increasing  recognition  on  the  part  of  the 
South  African  public  of  the  heavy  responsibility  involved  in  the  government  of  a  vast 
native  ])opulation  and  of  the  duty  and  necessity  of  raising  it  in  the  scale  of  ci vili/ation. 

11.  Sir  Godfrey  Lagden,  the  Commissioner  of  Native  Affairs,  -whose  luenmrauduni  the 
High  Commissioner  was  discussing  in  the  above  (juoted  des])atch.  also  lemarked  that 
■■  Many  of  the  laws  and  regulations  in  force  imder  the  late  Transvaal  Kepublic  were  sound 

"  in  principle  though  their  administration   was  defective I  am  convinced  of  the 

"  necessity   of  all  natives  being   compelled   to   carry   parses   as   much   for   the   security   and 
"protection  of  themselves  as  for  the  white  people." 

12.  It  will  be  seen,  therefore,  that  in  1901  the  principal  authorities  in  regard  to 
native  affairs  considered  a  pass  system  necessary. 

13.  Again  in  1903  the  South  Afiican  Native  Affairs  Commission  reported  as 
follows  :  — 

"  The  Commission  gave  careful  consideration  to  the  subject  of  pass  laws,  and, 
"  while  agreeing  that  the  pass  system  was  still  necessary  in  most  of  the  Colonies 
"  and  Possessions,  was  unanimously  of  opinion,  that  natives  travelling  with  a  pass 
"  should  lie  hindered  as  little  as  possible  by  local  regulations,  and  that  attention 
"  should  be  specially  directed  to  the  needless  and  vexatious  detention  of  natives  for 
"  long  periods  at  border  and  other  stations  when  travelling  to  and  from  labour 
"  centres.  It  is  recommended  that  better  facilities  on  the  railways,  aird  rest-houses 
"  at  certain  stations  and  along  main  laljoui-  routes  remote  from  the  railways,  be 
"provided  for  natives  travelling,  and  that  greater  attention  be  given  to  sanitary 
"arrangements  in  the  way  of  latrines,   lavatories,  etc.," 

and  unanimously  resolved:  — 

"  That  travelling  passes  issued  under  the  recognised  regulations  of  any  Colony 
"or  Possession  shiould  be  in  force  till  the  journey  has  been  completed,  requiring 
"  onlv  to  be  vised  if  thought  necessary,  and  without  charge,  on  arrival  at  the  first 
"pass  office  in  any  other  Colony  or  Possession." 

And  further  suggested  that :  — 

"  Uniformitv  in  the  form  of  pass  issued:  a  distinctive  r<ilonr  tn  be  adopted  by 
"  each  Colony." 

14.  The  centre  of  the  agitation  against  the  pass  laws  has,  until  within  recent  years, 
been  in  the  Orange  Free  State  and  has,  in  reality,  been  a  struggle  against  municipal  bye- 
laws  and  the  Acts  under  which  they  are  framed  rather  than  a  movement  against  the 
o-eneral  pass  laws  as  in  operation  in  that  Province.  The  latter  laws  were  not  oppressive 
and  those  provisions  to  which  exception  might  have  been  taken  by  the  natives  were 
modified  prior  to  Union  by  the  Orange  River  Colony  Government  or  the  hardships  due  to 
them  alleviated  by  the  liberal  interpretation  of  the  local  courts.  The  matter  formed  the 
subject  of  enquiry  by  the  Orange  River  Colonv  Commission  on  Xatives  and  Native 
Administration.    '(S.I).  3930.     A.  7527—9.) 

The  agitation  in  respect  of  the  municipal  regulations  has  been  directed  mainly  against 
the   provisions   requiring   native   women    to   carry   passes.        Many   of  the   local  authorities  i 
instead   of  collecting   from  the  natives   in   various   municipal   locations  the  taxes  necessary  / 
to  cover  the  cost  of  administration  in   the  form  of  a   rent   charge,  obtained  their  revenues 
under  a  variety  of  heads  in  the  shape  of  small  monthly  levies.     These  comprise  charges  in 
respect  of  stand  permits,   residential  pas.ses,  visitors'   passes,   seeking  work  ])asses.   einploy- 

[U.G.  d— '22.] 


meiit  registration  certificates,  permits  to  reside  on  enii)loyer's  premises,  work-on-own-beli.ilf 
rertificates,    domestie   service   hooks,    washerwomen's   permits   and   etileriainment    permits. 

15.  Petitions  praying'  for  relief  were  addressed  liy  (he  native  or>>aiii/ations  to  Sir 
Uamilton  Gould  Adams,  Governor  of  the  ((range  Eiver*  Colony,  shortly  before  the  terniina- 
lion  of  his  office;  to  the  T'nion  Minister  of  Native  AITairs  ii'i  l)(i(>nii)cr,  1910:  and  again 
in  April,  1912,  when  a  deputation  of  native  women  waited  on  liini  in  Cape  Town  'and 
presented  a  petition  signed  hy  seveial  humlreds  of  women  rcsidnit  in  the  towns  and 
villages  of  (he  Orange  Free  State. 

A  further  petition  was  presented  in  August,  19 1.'!,  in  connection  with  the  imprison- 
ment of  certain  native  and  coloured  women  tor  j)assive  lesistance  to  the  law,  and  another 
to  the  Prime  Minister  in  December,  1913,  by  th,e  executive  committee  of  the  Orange  Free 
State  Native  Association.  A  petition  which  was  referred  to  the  Select  Committee  on 
Native  Affairs  was  also  presented  to  Parliament  by  Senator  Colonel  the  Honourable  W.  E. 
Stanford  in  1914  on  behalf  of  the  Orange  Free  State  natives. 

16.  Passive  resistance  movements  during  this  period  occurred  in  several  of  the  Orange 
Free  State  towns,  the  native  women  refusing  to  tal^e  out  and  carry  passes.  For  such 
offences  they  were  in  many  instances  prosecuted,  sentenced  and  served  terms  of  imprison- 
ment. Unfortunately  cases  occurred  of  native  police  and  others  molesting  native  women 
under  cover  of  demanding  their  passes  and  these  were  made  good  use  of  by  the  native 
leaders  in  consolidating  opposition  to  the  existing  laws.  As  it  was  not  possible  to  alter 
the  regulations  without  legislation  by  Parliament  the  Department  of  Native  Affairs  made 
representations  to  the  local  authorities  with  a  view  to  their  agreeing  to  relax  the  law  in 
so  far  as  women  were  concerned,  and  the  assistance  of  the  Administrator  of  the  Orange 
Free  State  was  also  sought  in  this  connection.  The  position,  however,  remained 
unchanged. 

17.  In  1913  the  Commission  appointed  to  enquire  into  Assaults  on  Women  stated  in 
its  report  [U.G.  39 — '13]  that  the  prime  necessity  in  regard  to  the  pass  law  system  was  that 
it  should  be  simplified   and  made  intelligible  to  the  native.     It  also  pointed  out  that  the 

I  laws  in  question   were   not  published   in   the  native's  own   language  and  that  in   any  case 
jthey  were  so  intricate  that  it  was  doubtful    whether  he  could    comprehend    them.        The 

native,   therefore,  was  constantly  getting  into  trouble  by  transgressions  which  he  probably 

did  not  know  to  be  such. 

The  recommendations  of  this  Commission  summarized  were  as  follows:  — 

(1)  That  the  pass  laws  be  simplified  and  as  far  as  practicable  made  uniform  through- 

out the  Union. 

(2)  That  the  power  of  making  pass  regulations  be  not  left  in  the    hands    of    muni- 

cipalities. 

(3)  That  all  passes  and  permits  to  be  out  at  night  be  required  to  be  written  on  a 

prescribed  form.  That  the  material  for  passes  be  parchment  or  other  enduring 
material  and  that  they  be  signed  by  the  bearer  or  have  an  impression  of  his 
finger  prints. 

(4)  That  Curfew  regulations  be  applied  to  both  sexes. 

(5)  That  rest  houses  be  established  at  suitable  spots  for  natives  looking  for  work  at 

Johannesburg. 

(6)  That  the  ascribing  of  a  false  charactea'  to  a  native  on  a  pass  be  made  a  punish- 

able offence. 

18.  In  1914  the  matter  was  considered  by  the  Select  Committee  on  Native  Affairs 
which  reported  thiat  it  was  undesirable  at  that  stage  to  attempt  to  legislate  with  a  view 
to  the  consolidation  of  the  complex  and  diverse  pass  laws  in  force  in  different  Provinces, 
but  it  considered  that  such  legislation  should  await  the  action  to  be  taken  by  Parliament 
on  the  report  of  the  Natives  Land  Commission.  At  the  same  time  it  recognised  that  there 
were  certain  defects  in,  and  grievances  under,  the  pass  laws  which  might  well  be  i-emedied 
as  a  temporary  measure  pending  consolidating  legislation  and  accordingly  it  submitted  a 
draft  Bill  for  consideration  by  Parliament.  This  measm-e  was  not  proceeded  with,  possibly 
because  a  satisfactory  solution  of  the  difficulty  could  only  be  arrived  at  by  considering  the 
problem  as  a  whole  and  by  the  introduction  of  a  measure  applying  throughout  the  Union. 

At  the  time  the  Government  was  considering  the  basic  principles  of  its  native  policy 
in  the  form  of  the  Native  Administration  Bill  and  this  doubtless  influenced  it  in  not 
dealing  at  the  time  with  the  question  of  pass  laws. 

The  outbreak  of  th,e  war  resulted  in  the  postponement,  at  the  request  of  the  natives 
themselves,  of  all  native  legislation  and  the  Administration  remained  faced  witli  a  situa- 
tion which  could  only  be  relieved  by  Parliament. 

19.  In  the  meantime  difficulties  were  increased  liy  the  active  inter^ention  of  the 
African  Political  Organization  (the  Coloured  ])eople"s  organization)  which  espoused  the 
cause  of  its  compatriots  in  the  Orange  Free  Stale  who  were  subject  to  similar  disabilities 
to  those  under  which  natives  were  placed. 

In  March,,  1917,  a  deputation  of  five  of  the  executive  of  this  organization,  of  whom 
Talbot  Williams,  the  Secretary,  was  the  princinal  speaker,  waited  on  the  Under  Secretary 
for  Native  Affairs  with  a  view  to  getting  certain  of  their  grievances  brought  to  the  notice 
of  the  Prime   Minister.       They  pointed  out  that  in  view  of  the  attitude  taken  up  by  the 


AA'liite  Ti'iidcs  I'liiotis  and  (lie  iiicrfaseil  ift'liiif;-  aj;aiiist  culuuicd  lahoiir,  « liicli  was  maiii- 
festino;  iiself  tliioufilidul  the  riiiou,  tlipir  position  was  heeoiuiiig-  intoli'iablc.  Their  people 
were  be^innin<^-  (o  realise  dial  (iicir  only  course  wa-  to  throw  iii  fjieir  lot  with  the  natives 
and  organize  a  "  Ulark  Strii<e""  whieh  would  secure  iliem  the  redress  tliey  could  not  other- 
wise ohlain.  'i'iiey  |ioinled  out  that  (his  was  not  a  tiireal  and  tluil  to  unite  with  tlie 
nati\es  \xas  a  course  w  iiicii  was  iihks(  dislastefuj  In  a  people  who  re;,''arded  tlieni^tdves  as 
■'  iieaiei-  llieir    European   lial  l-hrol  liers  llian   llieir   Native  lial  l->ister-. " 

They  stated  lurtiier  that  while  I  h.e  older  men  nii^lit  desire  to  discouraj;e  tiie  hotheads 
and  ((Uinsel  a  i)rolon"^at  ion  nl  |)atien(e,  nowhere  on  the  piditical  hoii/on  could  they  point 
to  any  ray  of  li.siht  to  divert  tlieir  minds  Ironi  a  couise  which,  fiaughl  as  it  was  with 
danger  to  the  future  of  South   Africa,   diil,   they  were  told,  at  least   ])romise  some  result. 

Following  a  subsequent  interview  whi(li,  tiie  delegates  of  I  lie  Afiican  rolilical  Drgani- 
zation  had  in  Cape  Town  with  the  Minister  of  .Tustice,  it  was  decided  l)v  tiie  (iovernnieni 
to  request  the  Police  to  hold  its  hand  in  the  I  (range  Free  .State  in  so  far  as  native  women 
were  concerned,  pending  the  enactment  of  a  new  pass  law.  As  a  result  of  this  action  the 
passive  resistance  movement  largely  ceased.  Tiie  <lisconleut.  however,  still  contiiuied  in 
respect  of  the  municipal  regulations  generally  whii  h  were  alleged  to  contain  many  other 
petty   restrictions   wh.ich    operated    harshly   against   the   lesidents   in    muniei])al   locations. 

20.  In  the  meantime  the  native  organization  known  as  tiie  South  African  Native 
Xational  Congress,  with  branches  in  all  the  Provinces,  had  been  extending  its  influence 
throughout  the  T'nion.  This  body  is  numerically  small  and  has  never  produced  any 
register  of  membership.  It  has,  however,  during  the  last  few  years  wielded  an  increasing 
influence  in  formulating  native  opinion.  A  lar,ge  majority  of  its  members  is  comprised  of 
natives  who  have  acquired  a  certain  amount  of  education  only  to  And  the  professional, 
clerical  and  skilled  avenues  of  employment  practically  closed  to  them  and  who,  in  some 
cases,  have  been  reduced  to  living  by  their  wits  or  at  the  expense  of  their  fellow-natives. 
The  grievances  of  their  compatriots  have  offered  a  fertile  field  for  their  activities,  a  not 
unimportant  item  at  their  meetings  being  the  collection  of  funds  to  further  the  campaign 
against  the  barriers  which  are  alleged  to  be  preventing  them  from  acquiring  all  the  liber- 
ties and  privileges  of  Europeans. 

The  Government  has  adopted  a  sympathetic  attitude  towards  this  body,  receiving  its 
complaints  and  investigating  and  replying  to  them.  Further,  whenever  matters  have 
arisen  which  affected  the  interests  of  the  educated  .section  of  the  native  population,  it  has 
been  usual  in  the  absence  of  any  representative  native  councils  to  afford  the  Congress  an 
opportunity  of  expressing  its  opinion  on  the  matters  at  issue.  A  clear  distinction  has, 
however,  been  drawn  between  this  class  and  the  natives  living  under  tribal  conditions. 
In  the  latter  case  it  has  always  been  customary  to  seek  native  opinion  through  the  medium 
of  the  Chiefs.  This  practice  has  not  satisfied  the  Congress  whose  aim  has  been  to  make 
itself  the  medium  of  communication  between  the  Government  and  the  people.  To  such  a 
body  the  pass  laws  offered  an  excellent  line  of  attack  against  the  Government  and  the 
subject  was  taken  up  with  zest  and  made  one  of  the  principal  planks  in  its  programme. 
The  promise  of  securing  freedom  from  the  necessity  to  carry  a  pass  was  an  excellent 
draw  at  native  meetings  and  a  popular  means  of  obtaining  financial  support.  Encouraged 
by  the  success  of  European  employees  in  securing  increased  wages  the  native  municipal 
employees  in  Johannesburg  endeavoured  in  -lune,  1918,  to  secure  similar  results  by  sdik- 
ing.  Their  effoa'ts  were  abortive,  however,  and  the  result  was  attributed  to  the  existence 
of  the  pass  laws  and  the  system  of  registration  of  contracts  under  which  they  were  unable 
lawfully  to  leave  work  at  a  day's  notice.  The  avowed  object  of  the  Congress  from  that 
time  has  been  to  abolish  passes  and  contracts  with  a  view  to  giving  natives  freedom  of 
action  to  paralyse  the  industrial  world  by  strikes.  By  this  means  it  was  hoped  to  secure 
the  objects  they  had  in  view,  which  were  not  to  be  limited  to  the  abolition  of  passes. 

21.  The  Government  appointed  Mr.  -T.  B.  Moffat,  Chief  Magistrate.  Transkeian  Terri- 
tories, as  a  Commissioner  to  enquire  into  the  causes  of  this  strike. 

He  reported,   inter  alia,  as  follows:  — 

"  In  the  first  place  there  is  no  question  that  on  the  Witwatersrand  with  between 
"  two  and  three  hundred  thousand  natives,  most  of  whom  are  uneducated,  a  pass 
"  system  of  some  kind  is  absolutely  necessary  in  the  interests  as  much  of  the  natives 
"themselves  as  in  the  interests  of  the  community  genenvHy.' 

I  ■■  Within  twenty-four  hours  of  his  arrival   in  a   Labour  District   the  native  has 

"  to  report  himself  at  a  ])ass  office  and  is  granted  a  pass  for  six  days  to  enable  him 

/        "to  find  an  employer. 

"  It  was  represented  that  it  was  a  hardshij)  that  natives  not  succeeding  in 
"  securing  employment  within  the  six  days  found  in  the  district  after  the  expiry  of 
"  this  period  are  liable  to  be  punished.  The  Director  of  Xative  Labour  stated, 
"  however,  that  any  native  who  can  show  that  he  has  made  hona  fide  efforts  to 
"  obtain  work  without  success  is  granted  a  second  jiass  for  another  six  days,  and 
"that  it  is  only  in  cases  of  confiimed  loafeis  tjiat  proceedings  are  taken, 

[U.G.  CI— '22.] 


6 

"Acoordinp'  to  a  letinii  fuinislicd  liy  tlio  Diiccloi-,  l-'lCi/i;")!  passes  to  seek  work 
"were  issued  duviufi'  tlie  twelve  iiionllis  ended  :)0(li  .liino,  1!)1S,  :,iid  in  only  l.tlDl 
"eases  were  passes   issued  to  return  honic  l)^vinf>■  to  faihue  lo  ohtain    woik. 

"  'JMie  evideiH-e  does  not  sli.ow  thai  the  rcf-uhition  as  administered  imposes  any 
"  hardship  on  natives  who  g-o  to  laliour  centres  honestly  desiring'  to  o(.(  work." 
On  the  .subjeet  of  night  passes  lor  women  Mi'.  MidTat,  alter  i)ointing  out  that  it  was 
questionable  in  his  opinion  whether  it  was  the  intention  of  the  trameis  of  the  Night 
Passes  Ordinance  that  this  law  sh;ould  apply  to  native  women,  stated  that  this  provision 
could  very  reasonably  be  regarded  as  a  grievance  and  tluit  "  there  does  not  appear  to  be 
"  suflScient  ground  to  justify  imposing  this  disability  on  all  women.  The  ordinary  law  is 
"  sufficient  to  deal  with  women  of  bad  character.  During  the  year  ended  30th  June, 
"  1918,   342  women  were  convicted  in  the  Witwatersrand  area   under  the  ordinance." 

22.  In  October,  1918,  the  Secretary  for  Native  Affairs  interviewed  the  native  delegates 
who  had  previously  met  the  Prime  Minister  and  conveyed  to  th^em  the  decisions  of  the 
Government  in  regard  to  Mr.  Moffat's  recommendations,  one  of  which  was  that  the  Night 
Pas^ses  Ordinance  would  not  be  enforced  in  the  case  of  native  women  as  long  as  the  relaxa- 
tion did  not  lead  to  an  undesirable  state  of  affairs. 

23.  The  Congress  representatives,  however,  were  not  satisfied  with  this  and  other 
concessions  made  at  the  time  and  a  further  interview  took  place  between  th<>m  and  the 
Acting  Prime  Minister  (Mr.  Malan),  when  he  felt  it  necessary  to  put  it  plainly  to  the 
natives  that  neither  Parliament  nor  the  Government  would  agree  to  the  abolition  of  all 
control  over  the  native  population  in  its  present  stage  of  development,  and  while  he  was 
in  accord  with  the  principle  of  granting  a  liberal  exemption  to  natives  who  had  qualified 
to  be  outside  the  pass  laws,  it  was  neither  in  the  interests  of  the  community  as  a  whole 
nor  of  the  natives  themselves  to  grant  what  the  Congress  was  striving  to  attain.  In 
replying  to  the  deputation  he  stated  :  — 

"  The  pass  laws  do  not  exist  for  the  purpose  of  slavery,  as  has  been  said  this 
■'  afternoon,  but  for  the  purpose  of  assisting  and  protecting  the  uncivilized  native. 
The  natives  have  to  live  alongside  the  white  man  in  South  Africa.  They  are  not 
"  on  the  same  footing  and  unless  you  have  a  pass  law  and  other  similar  regulations 
"  it  must  inevitably  lead  to  trouble,  and  people  w-ill  take  the  law  into  their  own 
"  hands  when  the  native  will  suffer  as  well  as  the  white  man.  I  hope,  however, 
"  that  as  the  natives  get  more  educated  and  better  civilized  it  may  be  possible  to 
"  remove  the  pass  laws.  This  cannot  be  done  to-day,  but  we  can  say  to-day  to  a 
"  native  who  is  civilized  and  educated,  'We  will  exempt  yon  from  the  pass  law, 
"  and  the  number  of  exemptions  will  increase  as  time  goes  on.'  As  a  friend  of  the 
"  natives  I  hope  that  the  number  will  increase  and  that  every  year  there  will  be 
"  more  and  more  natives  who  will  qualify  to  be  outside  the  pass  laws,  and  that 
"  .should  be  an  ideal  for  which,  every  native  should  strive.  A  native  who  has 
"  obtained  an  exemption  must  regard  it  as  a  privilege  in  the  same  way  as  havin,g 
"  the  vote  under  the  Hofmeyr  Act  is  looked  upon  as  a  privilege,  and  thus  you  will 
"  see  that  the  system  of  giving  exemption  from  the  pass  laws  and  under  the  Hof- 
"  meyr  Act  are  in  the  same  direction  of  uplifting  the  native  who  is  down." 

24.  The  agitation  continued,  and  was  now  coupled  with  the  demand  for  increased 
wages.  An  attempt  was  made  to  inaugurate  a  passive  resistance  movement  on  a  large 
scale  to  emphasize  these  matters  under  which  all  passes  were  to  be  collected  in  sacks  by 
the  leaders  of  the  movement  and  returned  to  the  Government  Disturbances  ensued  and 
an  enquiry  followed  into  the  conduct  of  the  Police  on  the  Witwatersrand  in  dealing  with 
the  trouble.  The  Commissioner,  Mr.  G.  J.  Boyes,  Magistrate  of  Kimberley,  found  that 
the  Police  had  not  adopted  any  measures  which  were  not  necessary  for  the  maintenance 
of  public  order.  He  suggested,  however,  the  desirability  of  instituting  a  general  enquiry 
into  the  pass  laws  of  the  Union  with  a  view  to  co-ordination  and  the  removal  of  unneces- 
sary provisions. 

25.  It  remains  to  refer  briefly  to  the  position  in  Natal  and  in  doing  so  it  is  well  to 
quote  from  the  Natal  Native  Affairs  Commission  Report,  1906-1907,  Section  71  of  which 
states : — 

"  The  practical  utility  of  the  Identification  Pass  Act  and  its  regulations  has 
"  had  few  vindicators.  Except  from  landlords  as  giving  them  some  hold  over  their 
"  tenant  servants,  thej'  received  but  a  dubious  support,  while  others  asserted  the 
"  failure  to  adequately  attain  the  objects  desired,  their  requirements  in  the  country 
"and  smaller  towns  being  generally  unobserved.  The  issue  of  passes  is  without 
"  charge  and  entails  an  immense  amount  of  work  at  the  Magistrates'  Offices,  par- 
"  ticularly  when  renewals  at  the  small  fee  of  Is.  are  sought.  The  advantages  of 
"  the  system  are  said  to  be  the  tracing  of  absconding  servants  and,  in  a  lesser 
"  degree,  criminals.  To  counterbalance  these  benefits  are  the  additional  labour 
"devolving  on  officials,  the  obstruction  put  in  the  way  of  labour  supply;  the  loss, 
"  interchange,  loan  and  theft  of  passes;  and  the  fact  that  very  many  instances  of 
"  employment  occur  without  the  pass,  and  the  question  arises,  is  the  gain  worth  all 
"  the  labour  and  worry  involved ;  The  Act  should  be  repealed  and  it  personal 
"  identity  be  deemed  essential  when  employing  servants,  some  better  system_  devised 
"  than  a  perishable  bit  of  paper  and  an  imperfect  description." 


!?(>.  ( '(iiiilriiiiiiil  1(111  (if  lli(>  sysloiii  ill  npoiiit  idii  in  llip  Troviiu-e  is  general  iiiul  lias  come 
liriucipally  iiuiii  the  J'jinopcaii  section  (if  lli,c  |)U|iulatioii  as  is  evidenced  by  the  following 
cxliaci  from  the  report  ol  the  Departmental  Committee  apjiointed  to  en()uire  into  and 
leporl  upon  the  alleged  shortage  of  native  laliour  in  .Natal   in   191S: 

A  great  volume  of  evidence  was  directed  against  the  j)ass  laws  of  Natal, 
'■  whit  ii  aliiKi^t  every  employer  of  lalxiiir  described  as  valueless  fiom  the  point  of 
"view  of  securing  observance  of  contiact  ual  (ibligations.  ()ui-  investigations  satis- 
"  fied  us  that  although  certain  defects  in  the  laws  were  apjiarenl,  the  basis  of  justi- 
"  fiable  complaint  was  the  metiiod  addplcd  ;iiid  thie  somewiial  loose  administration 
"  of  the  laws. 

"There  was  a   lameiiialilc   lack  (if   kudwlcdgc  on   (he  ])aii     of     the     nuijority    of 
"  witnesses   as   to   the   protection   afforded   to  employers  binder   the   Masters'   and   Ser- 
vants'  Act  and  other  enactments,   or  what   steps  should  be   taken   for  the  registra- 
tion  and  enforcement   of  service.     The  chief  c()iii])laints  centred    on     the    facility 
"  with   which,  natives   avoided   their  coiitiactual   obligations   by  obtaining   identifica- 
"  tion  passes  on  application,  without  let  or  hindrance.     Although  section  ten  of  Act 
"  49  of  19U1  j)rovides  that  the  pass  officer  shall  satisfy  himself  of  the  bona  fides  of 
"  applicants,  it  was  shown  to  our  conviction  that  the  measures  taken  were  in  many 
instances  not   calculated   to  acdiieve  the  end  contemjilated  by  the  Act  and  afforded 
''  little  protection  to  employers  ni  labour. 

Similarly   it  was  stated  tli>>(   natives    of    other    Provinces    could     evade    local 
obligations   already   entered   into   by  merely  destroj'ing  the  passes  in   their  posses- 
"  sion  and  applying  to  a  Pass  Officer  for  an   inward  pass    alleging    they    had    just 
"  arrived  in  the  Province. 

"  In  this  instance,  too,  we  do  not  think  that  Pass  Officers  have  lieen  .sufficiently 
"  exacting-  in  the  exercise  of  the  discretion  conferred  on  them.  All  natives  entering 
'■  the  Province  should,  in  our  opinion,  be  in  possession  of  passes'  from  the  Adminis- 
)  rat  ion  under  whith  th«y  have  been  living,  and  if  unable  to  ])roduce  them  they 
"  should  be  treated  with  suspicion  and  the  onus  of  establishing  their  bona  fides 
"  placed  on  them. 


PAPT  111. 

Fl.NDlNG.S    AND    EECOMMEND.VriON.S. 

27.  The  great  weight  of  evidence  from  and  on  behalf  of  employers  of  labour  and  fi'om 
officials  shows  that  the  various  pass  systems  operating,  nuue  particularly  in  rural  areas, 
have  been  of  little  practical  value  in  the  tracing  and  identification  of  natives,  while  it 
reflects  a  real  appreciation  of  the  disabilities  suffered  by  natives  due  to  the  restrictions 
imposed  upon  them  and  a  pronounced  tendency  on  the  part  of  witnesses  to  approach  the 
(juestion  from  a  sympathetic  point  of  view.  The  trend  of  such  evidence  was  towaids  the 
removal  of  restrictions  in  regard  to  the  personal  liberty  of  luttives  anil  their  replacement 
by  a  universal  system  of  identification  with  efficient  machinery  for  recording  at  and 
tracing  natives  away  from  their  homes. 

The  evidence  given  by  natives  can  broadly  be  divided  into  two  classes,  the  one  uncom- 
promisingly hostile  to  any  method  of  identification  or  contrid  which  could  be  construed  as  in 
any  way  analagous  to  a  pass  system,  and  the  other  frankly  and  logically  slating  the 
necessity  for  some  such  method  in  the  interests  not  only  of  the  general  community  but 
particularly  for  the  well-being  of  the  vast  mass  of  unsojjhisticated  natives.  In  regard  to 
witnesses  of  the  former  class  it  was  pointed  out  to  them  that  the  Committee  was  precluded 
by  its  terms  of  reference  from  recommending  the  abolition  of  each  and  every  system 
obtaining  in  thie  Union,  but  that  the  scope  of  its  authority  was  limited  to  making  rectiui- 
mendations  calculated  to  modify,  and  if  ])ossible  unify,  the  existing  laws  so  as  to  remove 
avoidable  grounds  f(U'  complaint  and  emliarrassnunit .  This  aspect  was  emphasised  in  a 
short  address  made  by  the  Hon.  the  Acting  Minister  of  Native  Affairs  to  a  large  gather- 
ing of  natives  who  had  assembled  at  an  early  ^ilting  of  the  Committee  at  •lohannesluug 
on  the  22nd  January. 

It  is  particularly  regrettable  that  an  intelligent  body,  ^uch  as  the  South  Africnit 
Native  National  Congress  which,  in  the  main,  voiced  this  view  in  the  'i'ransvaal.  and, 
through  its  various  liranches  elsewhere,  adiiered  to  its  uncompromising  altitude,  as  other- 
wise it  coiild  have  been  most  helpful  in  formulating  jiroposals  in  the  interests  of  the  native 
people  whom  the  (Tovernment,  through  tiie  Committee,  was  exiuessly  consulting  in  a 
matter  so  closely  affecting  their  welfare. 

Tliie  following  extract  from  the  verbatim  notes  of  evidence  given  by  the  heads  of  the 
Congress  at  Pretoria  are  indicative  of  its  attitude:  — 

In  connection  with  certain  comments  in  regard  to  instructive  evidence  given  by  a 
number  of  leading  Chiefs  of  the  Transvaal,  the  Coni^-iess  was  asked:  — 

Question  :  I  think  you  said  that  the  Chiefs  whenever  they  were  reciuired  to  come 
and  give  evidence  of  any  sort  slumld  be  asked  to  come  and  give  evidence  in 
com  era. 

[U.G.  41— '22.] 


8 

Anxirrr  :  Yes;  1  was  sayiiifj  that  to  lu'lp  tlic  Dcpai  tinciit  and  also  tlic  Chiefs  lierause 
the  Avay  we  feel  alxnit  tkese  pass  laws  we  wdiilil  have  lorn  Ihem  (Ihe  Chiefs)  to 
pieces. 

Qiirxtioii  :    Who  would   have  torn  them  to  ])iecesi' 

Aiixwer:    The   native  public.      In   other  words  they   wovild    iiave   lynched   thcni. 

Question:    Were  their  views  not  acceptable  to  the  proletaiiat  I' 

Aiixwei- :    iS'ot  at  all.      They   were  not   interpreting-  the  feelings  of   the  natives. 

Xative  witnesses  of  this  (lass  almost  invariably  admitted  under  cross-examination  the 
necessity  for  some  means  of  identification  and  advocated  the  utilization  of  the  tax  receipts 
for  this  purpose,  a  suggestion  which,  for  reasons  hereafter  stated,  is  not  practicable. 

In  opposition  to  this  attitude  it  is  noteworthy  that  the  evidence  of  other  responsible 
native  bodies,  chiefs  and  individuals  was  to  the  effect  that  the  retention  of  some  simple 
system  which  would  serve  the  purpose  of  identification  was  necessary,  and  in  fact  essen- 
tial, particularly  in  the  interests  of  natives  moving  about  the  country  in  search  of  work  or 
for  other  purposes. 

28.  In   instituting'  our  eucjuiries  we  dealt   with  the  matter  on  the  following  lines:  — 
(«)   Means  of  identification  of  natives. 

{b)  I?ecord  of  movements  of  natives. 

(c)  Eegistration   of  contracts  of  service  entered   into  by   natives. 

(d)  Measures  for  the  protection  and  control  of  natives  in  large  industrial  centres. 

(e)  vSpecial   restrictions  on  movements  of  natives  in  industrial  and    urban     areas    at 

night. 
(/)  Measures  for  the  protection   and  control  of  native     women    in    large     industrial 

centres. 
(ff)  Exemption. 
(1i)   Matters  incidental   to  native   labour  coming   under   the  provisions  of    the   Native 

Labour  Regulation  Act. 

(a)  Means  of  identification   of  natives. 

29.  It  was  urged  by  a  minority  of  native  witnesses  that  there  is  no  more  necessity 
for  natives  to  have  some  simple  means  of  establishing  their  identity  than  is  the  case  in 
regard  to  Europeans.  It  may  be  pointed  out,  however,  that  Europeans  are,  in  effect, 
registereil  in  many  ways,  notably  at  birth,  through  taxation  records,  directories  and  kin- 
dred compilations,  parliamentary  and  municipal  voters"  rolls  and  under  the  Defence  Act. 
They  also  almost  invariably  have  fixed  addresses  at  which  they  can  be  found,  or  informa- 
tion obtained  as  to  their  whereabouts,  and  can  usually  produce  documents  or  credible 
witnesses  vouching  for  their  identity  at  the  shortest  notice.  On  the  other  hand,  apart 
from  the  pass  laws,  the  only  more  or  less  general  system  of  registration  of  native  males 
is  through  tax  records  and  these  do  not  lend  themselves  to  the  read}-  and  efficient  tracing 
of  natives  even  in  their  own  districts.  The  uneducated  native  has  few  means  of  keeping 
ill  touch  with  his  home  except  by  irregular  and  indefinite  messages  sent  through  com- 
patriots, and  seldom  has  letters  or  personal  documents  in  his  possession.  Many  witnesses 
have  informed  \is  that  relatives  have  frequently  only  the  most  nebulous  idea  as  to  the 
whereabouts  of  absentees. 

■iO.  The  identification  of  natives  is  partially  effected  at  the  present  time  by  the  parti- 
ctilars  recorded  on  travelling  passes  furnished  to  natives  living  in  the  Northern  Piovinces 
and  in  the  Native  Territories  of  the  Cape  Province  and  on  outward  passes  issued  to  natives 
leaving   Xatal. 

Owing  to  the  imperfections  of  the  system,  liDwever,  this  means  of  establishing  and 
preserving  a  native's  identity  has  proved  unsatisfactory.  Moreover,  as  a  pass  has  to  be 
taken  out  on  ererij  occasion  a  native  travels  l)eyond  certain  prescriV>ed  areas,  and  this 
frequentlv  entails  long  journeys  to,  and  considerable  delay,  at  pass  offices  to  ol^tain  it,  the 
evidence  tendered  by  native  witnesses  clearly  indicates  that  the  taking  out  of  the  "  Travel- 
ling Pass,"  and  the  incidental  indignities  occasionally  suffered  by  them,  forms  one  of  the 
chief  grievances  against  the  existing  system. 

31.  As   alreadv    stated    the    necessity     for     creating     machinery     for     establishing     the 
identity  of  a  native  absent  from  his  home  is  clearly  demonstrated  by  the  evidence  tendercil 
by  influential  and  unbiased  natives,  the  nature  of  which  will  be  more  readily  appreciated 
from  a   perusal  of  the  following  extracts  from  the  verbatim  report  of  the  evidence:  — 
Chief   Malaboch,    Blaauwberg   District,   Transvaal. 

"  Whv  does  not  the  Government  give  one  annual  document  to  each  native? 
"  This  document  sh.ould  entitle  a  native  to  go  to  any  part  of  the  Cnion,  so  that 
'■  when  he  gets  an  uigeiit  message  he  could  simply  take  this  document  and  go.  On 
"  that  document  the  name  of  the  Chief  should  apjiear,  the  name  of  the  father  and 
'■  mother,  and  also  his  place  of  residence.  iShould  a  native  die  on  the  road,  with 
'■  such  a  document  as  I  have  attempted  to  describe,  people  would  know  to  where  he 
"  belonged.  That  document  would,  of  course,  be  issued  by  the  Government.  It 
•'  would  belong  to  the  Government."" 


9 

Chief  S\\;i\  ii)i:iiii\    \('\\    ll;i)i(i\pr   Disfrict,    Natal. 

It  then   ue  coiihl   liiive  just    (he  one    Government     pass  to  be  our  shield  and 
"  proteetioii   iind   do  awa.v   with  all   other  passes,   that   would  he  a  great  boon  to  the 

natives.  A\'c  would  like  to  have  one  g'eueral  pass  to  eover  all  our  (.'oininfT  and 
'■  ffoing'  iusteiid  uf  as  now  to  take  a  pass  to  DnrlKin  or  any  other  place.  If  then 
"  you  are  assi.stiii>>-  by  having  a  pass  then  ymi  would  ask  that  it  be  cousidered 
"  whether   the  fee  for  that  general    pass   might    not    he   abolished   and   be  a  free  one. 

We,    the  children   of   the   (jovernmeni,    ami    though   perhaps   hizv   we  are   children, 

we  would   like  that   general   i)ass  to  cover  all  othei'  passes  now  in  existence. 

That   general   pass  we  would   like  to  be  one  by  means  of  whicdi  a  native   who 

has   \\;indered   away   migiit    be  traced   and   his  relatives  located." 

Charles  Veldnum.  of  liutterworth,  Transkeian  Territories,  Headman  of  the  Fingoes. 

Yes,  the  young  men  complained  about  the  pass  system  in  the  Transvaal. 
Tlu'v  are  idntintially  being  asked  for  a  pass  wherever  tliey  are  going  and  are 
sometimes  made  to  pay  for  it.  1  would  like  to  see  some  simple  system  to  apply 
throughout  the  Cnioii.  (The  Chaiiiuan  explains  the  suggestion  that  identification 
certificates  should  be  introduced.)  The  younij  men  would  prefer  that  for  the 
purpose  of  identification,  as  sometimes  a  young  man  may  die  there  without  a 
document  in  his  possession  or  anyone  able  to  recognise  him.  We  have  various 
(dasses  of  natives  literate  and  illiterate,  and  the  illiterate  men  should  have  some 
<locument.  A  pass  must  be  taken  out  when  a  young  man  goes  over  the  border, 
"out  of  the  Territory,  at  present,  and  that   is  very  inconvenient." 

John   Tengo  Jabavu,   King  William's  'I'own,   Editor  of  the  Iinro. 

T  have  not  prepared  a  statement,  but  th«  main  point  with  me  is  that  the  pass 

is  a  dual  aft'air.     There  is  one  which    is  a   protection  and  there  is  another  which 

"  is  a  persecution.     The  protection  comes  in  in  regard  to  the  old  certificates  which 

''  were  given  to  the  Fingoes.     That  was  a  popular  pass.     It  was  a  protection  to  him 

"  wherever  he  went. 

There  was  a  differentiation  between  the  Fingoes  and  other  tribes,  and  I  hold 
"  that  now  the  system  might  be  extended  to  all,  because  none  are  fighting  against 
"  the  Government  in  any  way.  They  are  all  one  now.  That  is  a  general  statement 
"  regarding  protection  passes.  I  do  not  think  you  could  add  anything  to  that.  I 
"  hold  that  witji   that  certificate  one  could  go  anywhere  and  be  identified." 

In  connection  with  the  Certificate  of  Citizenship  issued  under  Act  17  of  1864  (Cape), 
referred  to  by  Ihie  last-quoted  witness,  it  is  interesting  to  note  in  terms  of  the  Act  it  was 
written  on  jjarchiuent  and  carried  in  a  metal  receptacle.  The  certificates  produced  for  our 
inspection  were  much  prized  and  were  in  a  remarkable  state  of  preservation. 

32.  IT'e  recoiniiiend  that  all  the  c.vistiny  yass  laws  \he  repealed  and  a  Union  measure 
si(bstitufed^  entitled  "  Xulive  Rejjistration  and  Protection  Act,'^  and  tliat  each  male  native 
be  registercil  in  his  district  of  domicile  at  the  arje  of  IS  years  or  rtirhrr  if  he  leaves  his 
home  before  reaching  that  aye. 

3o.  Registration  Certificates  are  of  no  practical  value  unless  the  identity  of  the  hiolder 
can  be  established  w  itii  the  document  in  his  possession.  Amongst  civilized  peoples  the 
practice  usually  adopted  is  to  include  the  signature  and,  or,  the  photograph  in  the  docu- 
ment. Some  such  provision  is  necessary  in  regard  to  similar  certificates  given  to  natives 
and  the  absence  of  ready  means  of  such  identification  would  necessarily  cause  much  incon- 
venience to  natives  whose  certificates  had  been  stolen  or  interchanged  or  whose  identity 
came  under  question.  The  large  majority  of  nati\es  cannot  write  even  their  names  in  a 
hand  sufficiently  formed  to  be  of  real  value,  and  apart  from  the  practical  difficulty  of 
taking  ]diotographs,  witnesses  best  qualified  to  judge,  have  stated  that  photography  is  not 
in    itself  a   ready  means  of  identification  and  particularly  of  natives. 

The  personal  description  of  the  holder  has  l)een  suggested  as  a  means  of  getting  over 
the  difficulty,  but  it  is  generally  admitted  that  only  in  a  minority  of  cases  would  tli.is  be 
sufficiently  coiulusive  and  it  has  notably  failed  in  Natal,  where  the  Magistiatc.  l']showe, 
instancetl  the  case  of  a  native  who  had  no  less  than  fourteen  Identification  Certificates  in 
his  possession,  none  of  which  was  his  own. 

The  impression  of  the  left  thumb  print  on  the  document  is  recommended  by  experts 
as  a  sure  means  of  establishing  identity  and  th.e  evidence  in  opposition  to  this  ])roposal  is 
based  solely  on  the  alleged  association  of  the  pr;ictice  with  criminology.  For  tiiis  allega- 
tion we  find  no  foundation  in  fact.  The  identification  of  criminals  is  done  by  mathemati- 
cal calculations  based  on  the  combinations  of  the  lines  of  (dl  flnyrrs  of  both  hands  inchid- 
nig  the  thumbs.  The  finger  print  sj-stem  does  not  admit  of  the  impression  of  the  thumb  being 
so  classified  as  to  be  tlie  means  of  identifying  criminals.  AH  that  can  be  said  of  tKe 
thumb  print  is  tliat  it  allows  of  a  definite  pronouncement  being  made  that  an  impression 
under  scrutinv  is  or  is  not  identical  with  an  impressiim  witii  whi(di  il  is  being  compared 
and,  in  this  respect,  is  analagous  to  a  signature.  This  l)eiiig  so  the  ojily  practical  objec- 
tion to  the  adoption  of  this  method  falls  to  the  ground.  That  there  is  a  sentimental  objec- 
tion duo   to  mis<'onception   cannot  be  overlooked,   but  we    feel    that     this     h,as    been    over- 

[U.G.  41— '2:2.] 


est  iiiuiU'd  liy  witiu'>.soN  who  tlit'iii.selves  usually  stilted  tlii-y  hail  im  iJiTsoiial  (ibicctidii  to 
this  nietliod  of  identififution.  In  this  connection  it  is  observed  thai  the  thunih  iiiint  is 
at  present  taken  from  the  illiterate  holder  of  Letters  of  Exeni])tiou  and  evidence  has 
established  the  fact  that  thumb  prints  are  readily  given  in  discharijp  of  moneys  received 
Ijom  th.e  l{and  in  connection  with  the  Deferred  Pay  System  and  in  respect  of  many  trans- 
actions with  storekeepers  in  native  territories.  Further  we  have  lieen  authoritatively 
advised  that  in  the  South  African  Police  the  thumb  print  is  taken  on  a  document  which 
is  required  to  be  carried  by  every  member  of  tlie  Force  from  the  Commissioner  down  to 
the  last  joined  Native  t'oustable. 

Expeiience  and  responsible  witnesses  such  as  Headman  Charles  \'eldman,  of  the 
Fingoes;  Mr.  W.  Carmichael,  Magistrate,  Tsolo;  Mr.  A.  H.  Stanford,  late  Chief  Magis- 
trate, Transkeian  Territories:  the  representative  of  the  Pondo  Chief  Marelane;  Chief 
Dalindvebo,  of  the  Tembus ;  ilr.  Davidson  Jabavu;  Mr.  J.  T.  Jabavu,  Editor  of  liiii-'i; 
Mr.  C'.  W.  Chabaiid,  Magistrate  of  Port  Elizabeth,  and  Chief  Mhlola  Zondi,  of  Pieter- 
maritzburg,  who  have  the  interests  of  the  native  people  entirely  at  heart,  advocate  the 
measure  as  being  the  only  certain  jnethod  of  establishing  a  native's  identity,  and  we  are 
satisfied,  when  it  is  carefully  explained  to  the  natives,  that  the  giving  of  the  thumb  print 
is  entirely  distinct  from  the  taking  of  fiiir/ci-  /jiiiits  for  the  detection  of  crime,  and  is 
merely  a  substitute  for  the  signature  as  a  means  of  identification  that  the  great  l>ull<  of 
the  native  people  will  be  quick  to  see  the  benefit  resulting-  from  its  introduction. 

34.  We  recommend  that  ereri/  native  is  furnished  with  a  life-lony  document  to  he 
called  a  "  Registration  Certiorate  '';  that  it  he  of  parchment ;  that  it  contain  full  parti- 
culars  of  domicile  and  personal  ideniity;  that  it  hear  the  district  serial  number;  fhal  it  lir 
either  signed  hy  or  be  impressed  with  the  thumb  print  of  the  holder;  and  that  il  he  pre- 
served in  a   receptacle  to  be  provided  hy  tlie  Govern  nient  free  of  cost. 

{b)   Record  of   n^ovements   of  natives. 

■id.  Having  recommended  tlie  repeal  of  the  existing  pass  laws  and  the  substitution  of 
a  Union  Act  to  embrace  a  system  of  registration,  it  is  necessary  to  consider  under  what 
( iicrimstances  IJegistratiou  Certificates  should  be  carried.  It  would  obviously  be  irksome 
and  futile  to  require  a  native  to  carry  such  a  document  in  the  immediate  vicinity  of  his 
domicile.  There  is  also  at  present  no  obligation  on  natives  to  carry  a  tinvelling  pass  to 
move  within  certain  prescribed  areas.  Uu  the  other  hand  it  has  been  urged,  more  particu- 
larly by  the  police,  that  the  failure  of  the  present  pass  system  is  to  no  small  extent  attri- 
butable to  the  fact  that  within  tiie  latter  areas  a  native,  in  the  absence  of  a  pass,  cannot 
establish  has  identity  and  that  an  assertion  made  by  a  passless  native  that  he  belongs  to 
such  an  area  is  difficult  of  rebuttal.  Certain  witnesses  of  undoubted  experience  such  as 
ilr.  Arthur  Stanford,  late  Chief  Magistrate  of  the  Transkeian  Territories  and  Mr.  Wylde, 
late  Chief  Magistrate,  Cape  Town,  deprecated  natives  being  placed  iinder  any  disabilities 
of  this  nature  in  areas  at  ])resent  immune  from  lestriction,  whereas  other  witnesses  whose 
evidence  is  also  entitled  to  respect,  in  view  of  their  knowledge  of  natives  and  known 
sympathy  towards  them,  advocated  the  carrying  of  Registration  Certificates  by  natives 
when  proceeding  to  places  where  they  migh/t  not  be  known.  This  latter  view  is  supported 
by  much  of  the  responsible  native  evidence  and  appears  to  us  to  be  logically  unassailable. 

36.  As  it  is  proposed  to  relieve  the  large  proportion  of  the  native  population  who  go 
out  for  work  in  other  Provinces  from  the  necessity  of  obtainin,g  travelling  passes  before 
doing  so.  and  as  it  has  been  shown  that  even  where  not  recjuired  by  tlie  law  natives  not 
infrequently-  obtain  passes  for  travelling  within  such  areas  for  their  own  protection,  it  does 
not  seem  tkat  in  reqxiiring  natives  to  carry  Registration  Certificates  when  leaving  home 
ihey  would  be  placed  under  any  unfair  disability. 

37.  IT'e  recommend  tliat  a  Registration  Certificate  shcdl  be  carried  wlicncvcr  a  native 
goes  beyond  the  Ward  in   whicli  he  is  ordinarily  resident. 

38.  To  require  natives  to  cany  Registration  Certificates  and  yet  remove  all  machinery 
for  ensuring'  their  doing  so  would  stultify  the  effect  of  the  provisions.  It  is  therefore 
jiecessary  to  make  provision  for  demanding  certificates  but  at  the  same  time  to  ensure  that 
this  right  will  be  wisely  and  sympathetically  exercised. 

In  thiis  connection,  we  cannot  too  strongly  record  our  opinion  that  there  should  be  no 
indiscriminate  stopjiing  of  natives  by  the  police  for  the  production  of  the  Registratiort 
Ceitificate  per  se  as  the  harassing  and  constant  interference  with  the  freedom  of  movement 
of  law  abidiuff  natives  is  withoiit  anv  doubt  the  most  serious  grievance  which  the  natives 
Iiave  a,gainst  the  pass  laws  and  is  one  of  the  principal  causes  of  the  recent  agitation 
I'.gaiu.st  the  existing  systems.  All  officers  of  the  South  African  Police  examined  by  us  are 
in  agreement  that  no  good  purpose  is  served  by  the  indiscriminate  demanding  of  passes  and 
that  movements  of  natives  should  not  be  interfered  with  by  the  police  unless  they  come 
under  suspicion  when  they  should  be  dealt  witli  in  the  same  manner  as  other  members  of 
the  community. 

3!J.  We  rerii  III  mend  that  inilij  an  a  iil  lini  i  srd  iifficcr  sfmiild  have  tlie  iigiit  ta  driiiaitd  llir 
product  ion  of  tiir  Regist  rat  ion  Certifirali  and  that  an  "  Authorised  Officer  "  slial]  iiicoii 
a  European  Police  Officer,  not  below  tlic  ninl;  of  Sergeant  or  Post  Commander,  .Justice  of 
tlie  Peace,  Registering  Officer  or  sticli  other  public  officer  authorised  thereto  by  the 
Minister  of  Native  Affairs. 


11 

10.  'I'd  iirliicxc  J'liily  tlir  |iiir|>(i-i'  with  wliicli  (nii  i  (M<iiiinu'ii(l:i(  idii  Im  tlic  ri'tcnlinii  (if 
a  >y>(ein  di  sdinc  iIcmi  iplioii  is  mkkIc  it  i,-  iidl  Miliiciciit  Id  rclv  iiicrch-  dii  rcj;  is(  i  iii  ion  ■,,\i,\ 
Ihf  caii'vinn-  of  liic  lei^istvatidii  ii'itiiii-alc.  'i'lic  dlijccl^  hi  lir  allaiiied  arc  tlic  eslahlisli- 
lufiit  df  a  iiati\"t''>  iilciitity  wlicii  ncri's-aiy ,  llic  kt'cpiiiii-  in  lnuili  Idr  ailiiiiiiistrativo  ami 
iloinesdc   jjuiposes   willi   iialivc-  alisciil    frdiii   tlii'ir  lioiiu's  anil    Idr   (he  traciiij;   of  ilcscrli'is. 

41.  It  has  already  lioeii  lecdimncnded  tli,at  Ihc  canyiiif;-  ot  the  l{c<ris1iati(iii  Cert iticatc 
liy  a  iiali\('  lieyund  the  liordeis  dt  Ihc  ward  in  which  he  resides  should  he  (■<)ini)Mlsoiv  and 
)(■(  iiiiir  I  fcdiii  iiicihI  flint  if  sliiill  III-  nil  nffritrr  for  iiiii/  /it'rxitii  to  vuifiiqr  ii  notirr  nut  in 
JXUSCSSKiii  iif  n  J-iCi/isI  I  lit  inn  ( 'I'l  1 1  firiilr  :  tliiil  r  in  iiliii/ir.i  In'  irijiii  nil  tii  irjiiiit  iritlilii  srrin 
days,  tJte  I'liyni/ciiicnl  nf  n  iintirr  otlicv  than  n  rnsiinl  Inhi/iiri'r — fii  in  I  fill  in;/  /iiiit  iciilnrs  in 
legnrd  to  hi.i  iili'iitiiij  nnil  rei/istrit'il  ninnhrr.  itr.,  to  the  Inrnl  /^ri/istfiiin/  (Jffiirr:  niiil 
III  nrdi'r  that  I  line  inni/  lir  n  iirmil  nf  the  liiiirc  iiH'iitx  of  initirrs  t  li  roil  i/Jio  ill  the  Ciiioii  llir 
c.ttnbUtih iiimt  i>l  II  (rntriil  Ihiirini  In  irliich  Inrnl  /'I'l/islrriii ij  Officrrs  would  cldnne  the 
enyaf/cincnt   of  nut  ires  oilier   tlinn    those  doiniiiled  nnd  registered  in   their  Jistriets. 

42.  As  the  above  reconinieiulatioiis  would  only  cover  the  wliereaboiits  of  natives 
actually  in  eiiiployment  ice  juiiher  recoininrml  ihni  oimns  ur  ocrii/jiers  of  land  and  ]ieads 
of  /naals.  sJioll  irilhoiil  delay,  report  the  prescnrr  of  iiiuiiitiiorised  sirani/e  nalices,  other 
than  passinij  triirellers,  to  the  proper  (iiithoril i/  for  t ninsinission  of  siirJi  reports  to  the  local 
/'t  yisterinij  Officer. 

]{y  these  means  we  consider  tiiat  a  record  of  all  natives  niovin<;'  ahout  the  country 
would  be  built  up  at  the  Central  Uureau  aud  in  the  event  of  a  native  not  being  at  his 
home  or  recorded  at  the  local  ref>istration  office  as  beinjj  in  the  district  an  enipiivy  at  the 
Central  Bureau  should  establish  his  whereabouts. 

((')   llegislralion   of  ('out  rncis  of  Serrice  entered  into   in/   nut  ires. 

43.  Under  headings  (a)  and  {h)  a  system  has  l)een  leconimended  whi(h  will  enable  a 
native  to  have  free  and  unrestricted  movement  throiifihout  the  I'nion  subject  to  registra- 
tion, the  carrviuff  of  the  registration  certificate  outside  the  Ward  in  wliich  he  resides,  the 
production  of  the  certificate  on  demand  by  an  "authorised  office!  "  and  on  obtaining 
employment . 

The  question  now  arises  as  to  wh,ether  any  further  measures  are  necessary  to  protect 
(he  inteie.sts  of  employer  and  employee  when  the   native  has  secuied  employment. 

Evidence  on  this  point  from  both  Eiiropean  and  native  witnesses  is  overwhelmingly  in 
favonr  of  the  registration  of  all  contracts  of  service  entered  into  by  natives,  but  as  regards 
contracts  entered  into  in  rural  districts,  i.e.,  farm  and  small  industrial  conceins  in  outly- 
ing parts  of  the  country,  fear  was  expressed  by  the  majority  of  witnesses  that  the  difficulty 
of  providing  machinery  for  the  efficient  and  convenient  attestation  of  contracts — so  essen- 
tial  to  secure   the  co-operation  of  the   employer — rendered  the   proposal    iin])racticable. 

We  share  this  fear  and  with  reluctance  find  oui'selves  unable  to  recommend  the  com- 
pulsory registration  of  service  contracts  entered  into  by  natives  outside  ])ro(laimed  indus- 
trial or  urban  areas  although  we  realise  (hat  the  absence  of  such  compulsory  registration 
de])rives  (he  na(ive  of  a  large  measure  of  ])roteftion. 

44.  J..S  «  substitute  for  com /iiilsori/  rei/isl ration  nnd  for  seeuriny  tlie  rffieieney  of  the 
si/.stein  proposed  in  paruyra /ili  41  ire  recommend  that  in  addition  to  re/jortiiiy  the  enyai/e- 
iiient  of  natives,  employers  in  riirni  areas  slinll  furnish  part icnlars  of  the  conditions  of 
contract  to  the  local  Reyisteriny  Officer  and  l.eep  labour  rcyisters  in  irhich  such  inforiiia- 
lioii  shall  he  recorded;  the  said  rcyisters  to  be  o/ien  to  inspect  ion  :  niiil  further  that 
employers   shall   report   desertions  and  term  i  nut  ions  of  contnicls. 

45.  As  regards  the  registration  of  contracts  entered  into  by  natixes  in  |)rd(dainied 
industrial  and  urban  areas  the  difficulty  of  ])rd\iding  the  necessary  machinery  for  the 
purpose  does  not  arise,  and  we  recommend  that  liie  views  ex])ressed  almost  unanimously 
1)V  the  witnesses  be  given  effect  to;  viz.:  that  the  reyistratuni  of  contracts  in  proclai ineil 
industrial  and  urban  areas  be  compulsory  and  be  effected  irithin  three  days  of  cni/nyc- 
III  cut. 

Here  again   we  feel   it   incumbent    u]idn   us  lo  bring  to   notice    that     lli.e    South  African 
xSative  National   Congiess  and    it^   brainhes     throughout    the    Inidii     wa^     oppdsed     to     this 
proposal. 
(d)   Mcasiiies   foi    Protect  ion    nnil   I 'out  ml   of   .\'iiliris    in    laryc    1  nil  iisl  mil   centres. 

4G.  In  addition  to  the  iu'ces-.ily  for  the  compulsory  registral  i(ni  of  service  contracts 
dealt  with  under  (c),  the  evidence  tendered  before  us  (dearly  shows  the  necessity  for  creat- 
io"'  machiner\-  to  deal  with  "  undesiiables  "  in  centres  where  large  numbeis  of  people  aie 
congregated. 

We  are  df  oidnion  thai  the  nio^l  satislactory  way  ol  dealing  \\ith  tli.e  matter  is  (o 
provide  suilable  acconiniddal  ion  f(n'  natixes.  and  by  suitable  accommodation  we  mean 
attractive  and  properlv  contridled  native  lowiishi]!-  dr  locations  for  the  more  ])ernuinent 
section  of  (he  na(i\e  i)opula(ion,  siip])lemen(ed  by  elliciently  conducled  liostcds  and  rest- 
houses  for  natives  tein]i(narilv  sojourning  in  these  area^.  II'  il  wei-e  made  compulsoiy  for 
all  natives  unprovided  with  ai)prov(Ml  accommodation  on  the  eni])loyer's  ])remises  to  leside 
in  these  townships,  loiatimis,  ho'-tels  iiiid  rest-house-  they  \\dnld  be  cdutinuously  under 
])roper  supervision  and   cojilrol   aiul   tlie   temptations  and  dangers   to   which,  unsophisticated 

[U.G.  41— '22.] 


12 

natives  :ne  now  suIiJitUmI  wmilil  he  niiuiiuised  and  must  of  tlic  ])r('^i'iit  (Ipinoializatioii 
avoided. 

As  ail  iiistaiut'  ot  tlii-  (  uiidit ions  reiened  to  we  cauuot  do  heltei  than  leiei  to  the  case 
of  a  certain  yard  in  I'rospect  Township,  Joliannesl)urf;,  whiili  we  visited.  In  thi.s  and 
similar  adjoiiiinji'  ])laees  no  less  thiin  ■"),()()()  iiallmis  ot  intoxi(  at  injr  li<inoi'  were  unearthed 
locently  by  liie.  police.  Tiiis  y;nd  i^  in  exten(  some  10(1  feel  by  (!()  feet  and  was  sur- 
rounded hv  accommodation  rooms  for  natives  of  both  sexes.  It  was  stated  by  the  police 
lha(   tliiousands  of  natives  fre([nented  this  place,   more  particularly  at  the  week  end. 

Xo  fiood  pur])()se  would  be  served  by  labouring-  this  v>oint  which  has  already  been  so 
exhaustively  dealt  with  both  in  Mr.  J.  B.  MoiVat's  report  and  by  the  Committee  appointed 
by  the  Minister  of  I'ublic  Works  to  en(iuire  into  the  housing  problems  in  the  Union  which 
luis  reported  since  the  appointment  of  your  Committee. 

We  can  only  add  that  in  our  opinion  no  system  of  s\ipervision  can  be  rendered  effec- 
tive whilst  conditions  such  as  are  disclosed  in  these  repoits  are  permitted  to  continue. 

However  as  the  question  of  the  housing  of  natives  in  industrial  areas  does  not  fall 
within  the  terms  of  reference  to  the  Committee  and,  as  in  any  case,  needed  reforms  will 
take  long-  of  accomplishment,  it  is  necessary  for  us  to  deal  with  the  matter  on  other  lines. 

47.  We  feel  that  as  long  as  a  native  is  residing  in  these  centres  for  ho?ui  fide  purposes 
(here  is  no  grave  risk  of  his  becoming  a  prey  to  tlie  temptations  which  surround  him,  but 
th.a1  as  soon  as  he  becomes  unemployed  or  has  no  legitimate  leason  for  remaining  in  the 
towns  he  becomes  a  ready  victim  to  unscrupulous  persons  of  all  nationalities  and  colour, 
a  large  number  of  whom,  unfortunately,  are  always  to  be  found  in  congested  industrial 
areas. 

48  To  protect  unsophisticated  natives  from  drifting  into  criminality  under  the 
circumstances  referred  to,  it  has  been  urged  that  in  their  own  interests  a  definite  limit 
should  he  placed  on  the  period  they  shall  be  allowed  to  remain  in  proclaimed  industrial 
and  urban  areas  unless  they  are  there  for  legitimate  purposes.  At  present  where  pass  laws 
are  operative,  natives  are  required  to  report  on  arrival  and  thereafter  are  allowed  period.^ 
ranging  from  five  to  fourteen  days  in  which  to  find  employment  except  when  visiting- 
passes  are  granted.  Native  witnesses  allege  that  the  limited  time  allowed  for  obtaining 
employment  undnlv  restricts  their  opportunities  of  securing  work  and  remuneration  of  tlie 
nature  desired.  While  we  agree  with  Mr.  Moffat's  finding  that  this  matter  has  been 
sympathetically  dealt  with  by  officials  we  are  satisfied  that  the  great  bulk  of  natives  have 
Jio  other  object  in  proceeding  to  industrial  and  urban  areas  than  the  obtaining  of  employ- 
nieJit  and  that  the  cause  of  complaint  can  be  removed  without  serious  loss  of  control. 

It  is  obvious  that  unless  natives  are  required  to  report  on  arrival  it  would  not  be 
jiossible  to  determine  how  long  they  had  been  within  an  area.  The  practice  conforms  to 
native  custom  and  admits  of  such  measures  as  medical  examination  and  vaccination  being 
conveniently  carried  out  in  the  best  interests  of  all  concerned. 

49.  We  recommend  that  every  native,  otiier  than,  an  indentured  native,  .</«///  reijorf 
ii-ithiik  4S  hours  after  arrival  in  [jroclaimed  industrial  or  urban  areas  to  the  Reyisteriny 
Officer,  and  that  he  he  furnixhed  with  a  document  available  for  one  month  certifyinf/  that 
he  has   reported. 

50.  The  native  would  then  proceed  about  his  business,  e.y.,  either  to  seek  work  or  to 
visit  as  the  case  might  be. 

In  the  former  case,  in  due  course,  he  would  report  for  the  purpose  of  registering  his 
contract  of  service  which  we  have  recommended  should  be  compulsory  in  these  areas. 

In  order  that  both  parties  may  be  in  possession  of  a  copy  we  recommend  that  the 
contract  be  prepared  in  triplicate — one  copy  being  handed  to  the  employer,  one  to  the 
employee  and  one  filed  for  record. 

oi.  AVe  have  recommended  that  in  rural  areas  the  employer  shall  be  required  to  report 
desertions  and  terminations  of  contiacts.  We  now  recommend  that  in  proclaimed  indus- 
trial and  urban  areas  (lie  employer  shall  make  this  report  by  surrenderiny  liis  copy  of  the 
service  contract,  .fiyned  and  dated,  to  the  local  I'eyisteriny  Officer,  and  wlicn  discliarr/iiif/ 
u  native,  shall  similarly  sign   and  date  the  copy  held  by  the  latter. 

52.  It  will  be  observed  that  we  make  no  reference  to  thie  endor.semenl  of  character  on 
the  service  contract  by  the  employer. 

We  are  of  opinion  that  the  practice  is  open  to  abuse,  and  indeed  has  been  abused, 
and  that  it  should  be  left  to  a  prospective  emploj^er  to  satisfy  himself  as  to  the  character 
of  the  native  he  proposes  to  employ. 

b'i.  To  meet  the  objection  raised  by  certain  native  witnesses  that  the  recording  of 
several  contracts  of  service  on  one  form  affects  the  rate  of  remuneration  for  their  services 
ive  recommend.  thM  each  contract  of  service  shall  be  registered  on.  a  separate  form. 

54.  As  a  substitute  for  the  monthly  pass  referred  to  hereafter  we  recommend  that  the 
duidicate  contract  of  service  shall  he  carried  by  the  native  as  a  protection  ivith  a  view  to 
establishing  his  bona  fides  sliould.  necessity  arise,  but  in  this  connection  we  again  empha- 
size that  tiiere  should  be  no  interference  with  natives  by  the  police  unless  they  come  under 
suspicion. 

55.  IT'e  reconinnend  that  officers  authorised  to  have  the  right  to  demand  the  production 
of  the  contract  of  service  sJiall  he  tlie  same  as  recommended  in  respect  of  Registration 
Certificates.     [Vide  paragraph  39.) 


•")(>.  Ill  Hie  'ri;iii>\  ii;il  lalidUl'  ili>tiiit^  ;iiiil  urhiiii  iircii^,  ;i  iiiontlilv  [iii^s  is  rc(Hii  ri-il  tci 
111-  taken  (lul.  wliirh  in  \\\v  tinnier  area-'  i^  |iaiil  tm  1>\  I  lie  eni|pliiver  anil  in  \\\v  liitter  by 
tlio  native.  Apail  IVdiii  the  revenue  lliu.s  ilerivcd  llie  (Hilv  lienetit  claimed  fur  the  retPTition 
of  tliis  pass  is  tlial  it  ensures  tliat  eaeli  native  is  vdiiehod  lor  as  lieinj;  in  eni])loyuieiit 
when  the  lee  is  paid.  Tlie  (il)tainin<i-  of  this  (hieunn'nt  is  hurdensonie  and  irritatin^f  alike 
to  the  enij)loyer  and  employee,  the  former  coniplainine'  (hat  his  time  or  that  of  h.is  servant 
is  wasted,  and  the  latter  alleginji'  that  not  onlv  has  he  to  wail  in  some  cases  hours  for  a 
documeni  he  is  re(|uired  to  cairy,  Imt  is  not  infre{|uently  svihjecteil  to  humiiialion  hy 
native  constables  <ir  junior  officials  in  (he  process  of  securing:  it.  Un  the  other  hand  it  is 
doubtful  whether  thiis  pass  affords  any  practical  result  in  refjard  to  the  i-ontrol  of  unscru- 
pulous natives  and  numy  witnesses  aver  that  it  serves  no  useful  purpose.  It  has  l)een 
sujig'ested  that  contracts  of  service  should  bear  a  ceitificale  on  the  reverse  to  the  ettect 
that  the  native  is  still  em))loye(l  and  that  suih  certificate  should  l>e  si<>-ned  monthly  by  the 
employer. 

This  system  has  aireaily  been  trietl  in  lespect  of  farm  servants  in  labour  aroa.«  and 
cannot  be  said  to  have  achieved  its  purpose. 

TTV  recoininrnd  that  the  inunthJfi  pti.ix  slimild  be  (thoJished ,  and  we  are  not  prepared 
to   support   the  alternative  suj;j;est ion   that   service  contracts  siiould   be  certified   monthly. 

•57.  At  each  of  the  chief  industrial  ami  urban  areas  visited  by  us  evidence  was  given 
to  the  ett'ect  that  natives  of  the  loafer  class  conjiiei^ated  in  such  areas,  many  of  whom  were 
(  riminals  or  ne'er-do-wells  wliw  preyed  on  the  community  and  found  their  most  ready 
victims  in  the  guileless  untutored  natives  whom  they  not  only  deprived  of  their  resources 
biit  subsequently  used  as  tools  tor  their  nefarious  practices  till  the  latter  in  turn  adopted 
similar  methods. 

The  evideiH'e  given  in  this  connection  by  the  oHicer  in  chaige  of  the  Fingerprint 
System  al  Johannesburg  and  the  I'lolialion  ( )fKcer  of  the  Witwatersrand,  is  sad  reading. 
The  f'ormei-  stated  tliat  his  records  s]i,owed  that  there  weie  at  the  time  some  •'i.l^iO  native 
criminals  employed  in  Transvaal  labour  districts  who  had  been  convicted  of  such  crimes 
as  tliett,  rape,  assault,  illicit  gold  buying,  illicit  liquor  selling  and  crimes  of  a  similar 
nature.  Of  these  some  -3,000  were  not  employed  on  the  mines  and  many  were,  in  his 
experience,  in  the  service  of  aliens.  Of  a  batch  of  :316  natives  arrested  in  April,  1919, 
during  the  anti-pass  agitation  65  weje  identified  as  natives  with  previous  ciiuiinal  records, 
•JO  of  whom  had  serious  crimes  recorded  against  them,  \b  were  wanted  for  desertion  and 
10  were  habitual  loafers.      One  had  no  less  than  twenty-six  convictions  against   him. 

The  following  extracts  from  the  evidence  of  the  Probation  OHicer,  Witwatersrand.  are 
instructive  :  — 

"  The  criminal  class  is  lecruited  ]iriniipally  from  the  towns  and  not  from  (he 
"  country  districts.  The  class  we  get  from  the  country  districts  is,  in  my  opinion. 
"  usually  mentally  deficient — he  naturally  would  comit  ciime  under  any  circum- 
'■  stances  wherever  he  might  reside.  But  the  real  dangei-  to  the  towns  from  the 
"  criminal  native  has  its  soxirce  in  the  towns.  For  the  last  two  years  1  liave  come 
"  across  a  very  large  number  of  juvenile  natives  who  are  living  in  the  town  with- 
"  out  any  sort  of  guardianship  and  not  registered  at  the  pass  office  and  it  is  from 
"  this  class  of  juvenile  neglected  native  that  the  most  dangerous  type  is  recruited. 
"  Last  Friday  I  took  part  in  a  police  visit  t<i  three  establishments  171  .Tohannesburg 
"  where  \\e  found  not  less  than  a  hiundred,  probal)ly  a  bundled  and  fifty,  juvenile 
"  natives  of  this  type  ....  for  the  purposes  of  securing  certain  native  proba- 
"  tioners  who  had  absconded  from  my  care.  Two  were  found  at  one  of  these  estab- 
"  lishments  and  tweiity  others  ....  One  of  the  twenty  was  an  adiilt  native.  .  .  . 
"  1  have  investigated  nine  (of  these)  cases.  Three  of  these  came  from  Pretoria,  one 
"  from  .Jackson's  Drift,  one  fiom  r])ington,  one  was  recruited  in  Ivokstad,  one  was 
"brought  from  llerschel  and  one  from  Kioonstad,  ('range  Free  State.  All  were 
"  under  ei"hteen  yeais  of  age  and  llie  majority  of  tluMu  had  been  in  .lohannesbui'g 
'■  for  a  considerable  period.  I  iioii  arrival  in  .Johannesburg  they  had  drifte<l  tn  ihe 
"  (luarlers  where  natives  congregated  usually  llie  maiket.  Here  they  had  been 
''placed   in   communication    with  this  very   large    gang    of     natives    living    out     of 

"  control The    adult    native    in    the   batch    taken    liy   us   was   found    to   have 

"  had  twenty-six  convictions 1    should  be   inclined  to  think  that   this  native 

''  is- feeble-minded These   natives   had    piactically   no  clothing.   'I'he   twenty- 

"  two  brought   bv  the  officer  possessed   lietween   them,   tliiee  ])eiinies,   two  lialf-])ackets 


of  cio-arettes,   a  box  of  matches  and   a   jiiece  of  le;id  ])encil.      T   should   think   the 


re 


"were  about    12  lilankets   l)etween    the   22.     Some  of  them  were  stark  naked  and   were 

"  lying    in   litters    jusl    like    a    lot    ot    puppies The    evidence    obtained    from 

"  nine  cases   investigated   shows   thai    ihev   live   under   (he  giosses(    ))ossible  conditions 

"of   immoralitv They   come    in    ami   out     fni      p(>l(y     thefls.        During     (lie 

"  wiii(ei     lime    the    (hefts    are    generally    blankets    and    clothing.         lii    summer    these 
"  thefts   fall   lift  because   they   re([uire   b'ss  in    the   matter    of    clothing   and   then    the 

"thefts   take  the   form   of  money,   coins,   jewellery   and    ai  tides   ot  food 1 

"  think  that  an  extension  of  tlu'  ])robati(m  system  (o  the  natives  would  eliminate  the 
"  majority  of  the  grievances  whiili   are  prinluced  tlirough  the  too  autocratic  admin- 
"  istration  of  justice." 
[U.G.  fl— '22.] 


M 

It.  is  licvdiid  (|iu'>tioii  I  hat  the  vafjiaiicy  laws  have  entirely  Tailed  tn  deal  with  native 
undersiiables  and  loafers.  'I'he  aecejited  definition  of  vagrant  is  lieiiuently  iuappliealde 
to  such  natives,  hut  tli/i(  they  are  a  fruitful  souree  of  danger  to  the  coniinunifv  and  a 
malevolent   influence  conlaminaiing  impressionable  and   iniux-enl   natives  is  lievond  dispute. 

Chiefs  and  responsible  natives  have  urged  uixin  ns  the  necessity  for  establishing  some 
paternal  machinery  for  ensuring  the  rej)a(riati(>n  of  their  young  people  if  they  exhibit  a 
tendency  to  cultivate  the  society  of  undesiiables  ov  develop  idle  habits.  We  are  imprestsed 
.with   the  necessity  for  su(di   a   course. 

•  )S.  11  ('  reroiiniK  ik]  I  lull  in  /jrochiniicd  iiuhi.sl  rial  <inil  nilxin  areas  a  con  if  be  neutvd  lo 
(I'li.iinf  of  an  ci'iicriciiccd  iifficiiil  iritli  two  native  assessors  as  adrisers.  That  the  court 
shdU  liavc  the  rii/lit  to  call  ii/iou  any  native  slioirn  to  he  a  confimucl  criminal  or  ani/ 
native  irlio  is  jiriiiia  facii^  hailintj  an-  idle,  dissolute  or  vicious  life,  to  show  cause  ivhy  he 
.slioiihl  not  he  ic//al I  i(it(  il.  or  othenrise  dealt  with  in  the  discretion  of  the  Court.  litis 
(  oiiii  to  have  [tower  to  order  a  native  to  return  to  his  home  or,  where  the  native  has  no 
home  elsewhere,  or  fails  to  carry  out  such  an  order  or  is  subsequently  brouylit  before  it  for 
the  same  or  similar  reasons,  to  commit  him  to  a  labour  colony  or  to  indenture  him  as  may 
best   meet  the  circii instances  of  the  case. 

It  IS  furtlier  recommended  that  females  and  juveniles  should  be  swbjecl  to  the  juris- 
diction  of  this  Court. 

(e)   Special  I^eslrlcllo/lS  on  Mureinenis  of  .\alives  in   I  nd  list  rial  and  Urban   Areas  at  yii/hf. 

59.  At  the  present  time  Curfew  Regulations  are  in  existence  at  various  centres 
throiigli,out  the  Provinces  of  the  Cape,  Orange  Free  State  and  Natal,  and  in  the  Transvaal 
the  matter  is  governed  by  the  Xight"  Passes  Ordinance  No.  4-">  of  1902. 

The  regulations  apply  to  males  and  females  throiighout  and  are  not  confined  to  areas 
inhabited  by  Europeans,  but  are  in  some  cases  extended  to  native  towiishijjs  and  locations 
v>itliin  the  boundaries  of  mrmicipalities  aud  proclaimed  labour  districts. 

The  evidence  placed  before  us  in  this  matter  was  very  conflicting;  the  Europeans, 
almost  without  exception,  being  of  opinion  that  a  certain  amount  of  restriction  over  the 
movements  of  natives  in  such  areas  at  night  was  essential  for  the  welfare  of  the  whole 
community,  whilst  the  bulk  of  the  native  evidence  was  to  the  effect  that  restriction  served 
no  useful  purjjose  and  that  the  regulations,  in  fact,  served  as  a  cloak  to  the  unscrupulous 
])erson,  who  carried  out  his  purpose  under  cover  of  a  "  Special  Night  Pass  ''  which  was 
easily  forged. 

The  majority  of  witnesses  advocated  that  a  relaxation  of  the  hoiir  was  desirable  so  a.s 
to  allow  a  reasonable  time  for  natives  to  attend  night  schools,  places  of  entertainment, 
religious  meetings,  etc.,  after  their  day's  work  without  the  necessity  of  always  obtaining 
a  special  permit  for  the  purpose,  and  without  the  danger  of  arrest  by  the  Police  should 
unforeseen  circumstances  detain  them  abroad  after  the  early  hour  of  9  o'clock. 

After  carefully  weighing  the  evidence  we  consider  that  it  would  be  unwise,  in  the 
interests  of  all  sections  of  the  comnmnity\  to  alxilish  the  regulations,  but  at  the  same  time 
have  no  hesitation  in  saying  that  fhey,  as  at  present  enforced,  impose  undue  disabilities 
upon  the  native  community. 

60.  We  recom mend  that  the  Curfew  Jy'cyulal ions  be  retained  but  that  the  hours  for 
the  u'li'de  Cnion  be  fi.red  at  from  11  o'clock  p.m.  to  4  a.m.,  unless  the  local  authority  can 
show  yood  cause  that  the  hours  be  altered:  that  all  permits  issued  in  t}iis  connection  after 
II  o'clock  shall  tie  on  a  prescribed  form,  and  further  that  facilities  be  provided  at  all 
police  anil  railiray  stations  for  their  issue  in  cases  of  einergency ;  and 

That  tlie  rcy Illations  shall  not  apply  within  properly  constituted  and  reyuhitcd  town- 
ships and  locations  set  apart  for  native  occupation  unless  at  ihe  request  of  a  majority  of 
the  residents   thereof. 

•VA.  We  are  further  of  opinion  that  the  principle  now  applied  at  certain  centres  xinder 
«hich  unauthorised  Europeans  are  prohibited  from  being  in  such  townships  and  locations 
during  certain  prescribed  hours  should  lie  generally  adopted. 

(12.  We  feel  confident  that,  if  these  recommendations  are  accej)ted  and  if  the  regula- 
tions are  administered  in  a  sympathetic  manner,  all  law  abiding  natives  will  readily 
a])])reciate  that  the  modified  restrictions  are  clearly  in  the  interests  of  the  younger  element 
of  the  native  population  who,  through  force  of  circumstances,  are  exposed  to  temptations 
which  are  inseparable  from  the  congregation  of  a  large,  mixed  commimity. 
(/)   Measures  for  the  Protection   and  Control  of  Native  Women  in  larye  Industrial  Centres. 

(>■^.  The  majority  of  luuopean  witnesses  urged  that  women  should  be  brought  under 
the  same  control  as  men,  but  (luite  a  considerable  number  were  emphatically  of  opinion 
vhat  the  beneficial  results  to  be  obtained  did  not  counterbalance  the  deep-rooted  objection 
of  the  natives  to  their  womenfolk  being  subjeetetl  to  any  measure  of  interference  and 
control  by  police  aiul  other  officers  of  the  Government. 

The  evidence  tendered  by  natives  on  the  other  hand  was  almost  unanimous  in  advocat- 
ing that  th,eir  womenfolk  should  be  relieved  of  the  necessity  of  carrying  any  official 
document,  although  the  desire  was  frequently  expressed  that  young  women  should  not  be 
allowed  to  leave  home  without  parental  consent,  and  that  the  Government  should  take  steps 
to  repatriate  girls  when  asked  to  do  so  by  their  jiarents  or  when  necessity  arose. 

i 


15 

It  was  allffjed  in  f\  idi'iii-c  liv  holli  J'lurojicaii^  ami  iialixc-.  llial  lln-  laiiviiifi-  ol  passes 
by  women  liad  lestilted  in  acts  of  indecency  and  nudeslalion  of  women  and  fiiils,  and  we 
fully  appreciate  tli.e  nndcsiraljility  of  an\  svslcni  iinilcr  uliicli  •<ur]\  a  slate  nf  alVaii'-  may 
be  possible. 

Furtliei-,  in  (liis  cduncrtion.  we  point  out  thai  in  ihr  rian-.\aal  (lie  (io\crnment 
lecently  found  it  advisalile  to  reliexc  women  lioni  I  lie  npeiatimi  ot  tin'  Ni;;lil  Passes 
I  )rcliiiaiHe   liv   adiniiiiNt  rat  i\e   aclimi. 

As  in  the  case  of  men  in  these  areas  we  ai-e  convinced  that  the  only  satisfactory  way 
of  dealing'  with  the  mattei'  is  l)y  the  provision  of  suitably  c(mtr(dled  liousinj;'  accommoda- 
tion, and  in  view  of  the  consensus  of  native  opinion  affainsl  the  carryinii'  of  documents  by 
thieir  women  folk  we  are  not  pre|)ared  to  recommend  the  a(l()j)tion  of  aitcMiiative  measures, 
except  that,  as  previously  recommended  {rifle  parao-raph  58),  they  shall  be  brounfht  witliin 
the  scope  of  the  Special  t'ourts  recommended  to  deal  with  "  undeviiahles  '"  in  ])i'o(laimed 
industrial  and  urban  areas. 

--"^  64.  IT'p  recomiiiouJ  tlml  iromi'ii  xIkiII  he  c.icl iiiled  from  ri'i/i.slriilinii  fur  ideal ificiil ion 
piirposf'!!,  tJie  operiifi'ni  of  (infeir  /'/'(jiilol nm-:.  iiiiiJ  ihc  i-oiii piil.<orii  rri/i.il riilion  of  ron- 
trncts  of  service. 

In  this  latter  connection  we  feel  that  a  pcdicy  of  encouiagement  rathei  than  compul- 
sion shonld  be  pursued,  with  a  view  to  demonstrating  the  advantage  to  be  deriveil  liy 
women  fiom  the  registration  of  service  contracts. 

((/)  Exemption. 

65.  In  advocating  the  retention  of  some  simple  and  uniloiin  ]iass  system  a  consider- 
able number  of  witnesses  made  it  abundantly  (dear  that  in  doing  so  they  had  largely  in 
mind  the  protection  of  the  masses  of  iinsophasticated  natives  who  annually  leave  their 
homes  for  various  purposes,  more  particxilarly  to  seek  work  at  industrial  centres  througli- 
oiit  the  l^nion,  and  that  they  looked  forward  to  the  day  when  the  necessity  for  the  reten- 
tion of  any  system  would  disappear  with  the  march  of  civilization  amongst  the  native 
peoples.  • 

In  this  view  we  concur,  and  consider  that  tli,e  (lasses  of  persons  to  be  exempt  from  the 
operation  of  the  measures  advocated  herein,  should  embiace  all  natives  of  good  (diaracter, 
who  have  arrived  at  such  a  scale  of  civilization  and  edmalion  as  no  longer  to  require 
special  measures  of  protection  and  control,  beyond  those  extended  to  other  sections  ot  the 
community.  It  is,  therefore,  necessary  to  provide  for  the  exemption  of  certain  classes  of 
natives  from   the  measures  advocated. 

In  this  connection,  however,  we  wish  to  emplwisize  that  such  exemption  should  in 
future  apply  only  to  the  measures  recommended  in  (his  report  ami  should  not  exeni])t 
from  taxation,  from  other  laws  specially  it'lating  to  natives,  or  liom  native  law  and 
custom. 

66.  We  recommend  thai  nntircs.  of  fpiod  chavncler  fnllini/  irillim  llir  Jolhiiriii;/  I'hisse.i 
sliaU   he  exempt:  — 

{a)  All   nativea  at  present   lioldinij  Letters  of  Exemption    under  nn;/   e.ritlini/   low. 
(h)  Nfitivex   who  have  pns.ied  tlie  fiftJi   stundnrd  of  educal mn. 
{c)   i\^(itive.f   registered  m  I'ltrJiii nicnt<n  ij    \  olrr.i. 

(d)  Chief.^  recof/ni.sed  hi/  flic  (jovernment . 

(e)  Skilled   iirfistins   ccrlified   us   such    mid   persons   exereisinr/   approred   ]iir-<inesse.i   or 

I  rades. 
(/)    Ne.<ipectnhle  and  intelligent  natives   who  are  certified  as  having  rendered  faithful 
and  continuous  service  for  a  period  of  not  less  than  ten  years. 

Further  we  recommend  tliat  exemption  rerti/lcufes  .shall  he  liahle  to  cancellation  in 
the  event  of  conviction  for  any  of  the  crimes  set  out  in  the  Third  Schedule  of  Act  No.  .jl 
of  1917,  provided  that  the  Governnr-General-in-Coinicil  shall  have  the  right  to  cancel  for 
miscondvct ;  and  that  all  certificates,  other  than  llmse  under  class  {n).  he  granted  on  pro- 
liiifion  for  one  year. 

(Ii)   .Matters  Incidental   to  Native   Lalmur  Coming     T'ridii      llic     I'mvisinns     of     llic     Aatire 
Labour  Regulation  Act. 

67.  Our  attention  has  lieen  drawn  to  the  definition  of  mines  and  woiks  in  tiiis  .\ct  and 
we  suctrest  that  the  alteration  of  the  definition  of  '"  native  labourer  "  should  be  consid<M-ed 
so  as  to  avoid  reference  to  "  mines  and  woiks."  'IMiese  terms  are  defined  by  reference  to 
aiiother  Act  where  the  terms  have  a  special  meaning  placed  on  them  for  the  purposes  of 
that  Act.  It  does  not  cover  all  the  classes  to  which  it  may  be  desirable  to  apply  the 
provisions  of  the  Native  Labour  Regulation  Act,  such  as  employees  in  large  sugar  estates 
in  Natal  and  similar  large  commercial  undertakings  where  numbers  of  natives  are  employed, 
not  necessarily  wdiere  ma(hinery  is  erected  and  used. 

[U.G.  41— '22.] 


16 

We  reroinmciid  ihnl  <i  "  native  hihimrii  ''  lir  defined  as  an n  native  en//a(/ed  far 
I  ni jiliiipnent  e.tce/tt  siirJi  sijceified  I'htssrs  la  irlncli  il  is  mil  desired  ta  cppli/  the  pnivisioiis 
(it  the  .1(7  i(hitui<l  Id  lUilirc  lahriiirers.  ('()iisr(|iM'iii  iiil  ;iiiioii(liiH'nt^  will  lie  necossiiry  in 
-fitidiiN    //(■(■  and   t  ivcnt  ij-foit  i . 

(iiS.  It  has  furiliiT  hooii  iidinlcd  (iiit  In  iis  llial  in  lliiis  Afl  I  In-  lorni.  "  I'liiplciyi'i' "  is 
(IcHiH'd  as  '■  ihf  ppisoii  1(1  wlidin  such  native  lal)i)iiiin'  is  lOfiislcicd."  'I'ho  effect  of  this 
definition  is  that  the  ohli^ations  imposed  on  an  "employer,"  notably  nndei-  sections 
[fifteen]  aud  {tirenti/-fw(i)  of  the  Act  cannot  he  enforced  unless  and  until  repistrafion  of 
the  contract  has  been  effected.  For  reasons  stated  elsewhere  it  is  not  piacticahle  to 
lepister  contracts  of  service  in  rural  areas  (paragraph  4:^),  and,  in  any  case,  we  think  it 
wionfi-  that  an  employer's  responsibilities  in  this  case  shiould  hino-e  on  the  performance  of 
an  administrative  act  such  as  registration. 

Much  the  same  point  arises  in  regard  to  section  twelve  (2)  of  the  Act,  which  provides 
that  "  every  native  labourer  shall  be  registered  to  the  person  on  whose  behalf  he  is 
employed  or  recruited."  It  would  seem  that  the  intention  here  was  to  debar  labour  agents 
irom  diverting  natives  to  others  th.an  those  for  whom  they  were  recruited  or  in  other  words 
'■piling  to  the  highest  bidder. 

We  see  no  necessity  for  a  definition  of  "  employer"  which  is  used  in  its  generally 
accepted  sense.  It  appears  that  section  twenty-eif/hi  of  the  Act,  which  amplifies  this 
definition,  is  superfluous  in  view  of  the  provisions  of  the  Criminal  Procedure  Act  No.  ^1  of 
1917. 

69.  Section  tivelve  (1)  provides  that  every  contract  entered  into  by  a  labour  agent  shall 
be  attested  and  the  next  succeeding  sub-section  debars  the  attestation  of  contracts  in 
respect  of  natives  under  18  years  of  age.  The  inference  is  clearly  that  natives  under  this 
age  should  not  be  recruited."  The  absence  of  any  direct  prohibition  or  penalty  operates  to 
the  prejudice  of  native  lads  who  have  been  recruited  although  not  attested.  On  arrival  at 
iheir  destination  such  natives  are  denied  employment  on  mines  or  works  and  being  far 
from  home  are  prejudiced  m  bartering  their  labour,  a  circumstance  of  \\hicli  unscrupulous 
persons  take  adviftitage. 

In  this  connection  we  would  draw  attention  to  a  divergence  in  the  Dutch,  and  English 
versions  of  this  section. 

We  understand  that  administratively  a  relaxation  of  the  provisions  of  the  section  has 
been  made  in  favour  of  agricultural  employers,  but  no  doubt  this  fact  will  be  borne  in 
mind  in  reconsidering  this  matter. 

TO,  We  recoviviend  that  the  definition  of  employer  in  section  two  be  amended  and- 
that  section  twenty-eight  be  deleted;  that  section  twelve  (2)  he  altered  to  read,  "  No  native 
"  labourer,  save  with  the  written  consent  of  the  Director,  shall  be  registered  to  a  person 
"  other  than  to  him  on  whose  behalf  he  is  to  he  employed  or  was  recruited  " ;  and  that 
section  twelve  be  amended  so  as  to  debar  the  recruitment  of  native  lads  for  prescribed 
employment  and  that  the  discrepancy  in  the  English  and  Dutch  versions  be  removed. 

71.  Havin,g  dealt  with  the  headings  referred  to  in  paragraph  28  it  remains  for  us  to 
deal  with  certain  matters  arising  out  of  our  investigations  and  with  details  cognate  to  our 
main  recommendations  which  have  not  been  directly  touched  upon. 

These  are  as  follows:  — 

1,  Finance. 

2,  Designation  of  office, 
•3,   Administration  of  law, 

4,  Production  of  pass  to  obtain  railway  ticket. 

5,  Alien  natives, 

6,  Definition  of  word    '  native." 

7,  Trespass  law  for  the  Transvaal. 

8,  Advances, 

9,  "  Togt  "  or  daily  paid  labour. 

10.  Cost  of  recovering  deserters, 

11.  Utilization  of  tax  receipts  for  purposes  of  identity. 

(1)  Finance. 

72.  One  of  th*>  main  objections  advanced  by  native  witnesses  to  the  existing  pass  laws 
was  that  thev  were  designed  to  be  revenue-producing  measures,  the  burden  of  which  was 
borne  by  the  natives. 

There  is  considerable  force  in  this  objection,  particularly  in  urban  areas,  where  fees 
are  exacted  in  respect  of  employment  and  residence,  and  in  this  connection  it  is  instructive 
to  note  tliat  quite  recently  the  Government  saw  fit  to  rescind  the  regulation  imposing  a 
fee  on  travelling  passes  in  the  Transvaal. 

We  recommend  that  no  fee  shall  he  payable  in  respect  of  Registration  or  K.remption 
Certificates,  hut  in  order  to  en-ivre  that  rea.mnahle  care  be  e.rerrised  in  the  safe  custody  of 
these  documents  that  a  fee  of  two  shillings  and  si.rpence  shall  he  leviable  in  respect  of  tlie 
issiie  of  each  duplicate  thereof. 


I 


17 

T-3.  To  cover  the  cosi  of  <ul innustei-inci  our  jiroposiilx  ire  recuni iiiem/  tliai  there  sIkiII  he 
jKnjiihle  hji  the  employer  n  fee  of  tiro  shillini/x  for  ereri/  reijixt  rat  ion  of  .n  eoiifniet  of  serriee 
iiiK/  a  fee  of  one  xhilhiii/  for  re/iorliii</  the  iiii/fi<jeiiieiit  of  ereri/  niitire  mitxiilr  jiinrldi  im  il 
inilustrial  mid   inhun   oreii.t      luieh   fee   In   he   jKiiil   In/    tiiemis  of  a    rereime   stuitiii. 

Ill  ■(III'  «'V('ii(  dl'  ;ni\  il('li<i('liry  rrsii  It  iii^'  ,/■,■  1 1  laiii  im  ml  ihul  il  shiill  In  mil  In/  i  nr  renx- 
1111/   the  fees  iilmri-   refriieil   In  m    In/  ili  rixni  i/   nllu  i    iiielhiiilx  iij  i/iiirl    lii.iiit  mil   on    em  /iloi/ers. 

i4.  /;'  rei/md  In  llie  ml  iiini  isl  ml  i  re  e.r /Hiises  ni  irs/ierl  n/  Ihr  \iitlre  fjiilioiir  /'ei/iili)- 
tion  Act  .\o.  I')  of  1!)]1  ire  reemii  iin  ml  llinl  lli<  1/  sliull  lie  mil  In/  llie  i  m /iii.iil  Ion  of  fee.i 
under  seetlon  tweuty-tliree  (m)  of  llie  Arl  eillur  In/  enulimj  n  mmillili/  /im/menl  in  resiieel 
of  niitiren  em pJoi/etl .  os  at   /irexeni,   or  otiiei  irise. 

We  make  ihis  recdimiieiulation  in  view  of  (he  seiidus  los-<  ol  revenue  \\liiili  will  ir^nll 
lioin  the  abolition  of  tlie  monthly  jiass  fee. 

(2)  Desif/nation  of  Office. 

To.  In  the  proposals  advocated  by  us  it  «i|]  he  oliscived  (li:it  llic  woid  "  jia^s  "  it 
entirely  eliminated. 

11  e  reconiniene/  tJint  /jonii  offiies  lliiouf/lioiit  the  I'liion  he  /lesitpuited  "  .Xnlire  I?et/istr)f 
Off'ice";  and  tJint  paaa  offieerx  he  .ili/led   "  /x'ei/islei  nii/  Offirer." 

(3)  Admwistration  of  Loir. 

76.  Having'  recommended  in  paragfrajdi  '42  that  tliere  should  he  an  uniform  law  for 
the  Union  ue  also  recommend  thai  there  sliouJd  he  uniform  ad minisi ration  of  the  lair,  or 
in  other  words,  that  tlie  administration  .should  he  in  the  hands  of  the  Central  Govern menl 
throughout ;  and  that  local  authorities  he  prohihited  from  reijiiiriui/  natives  to  earn/  or 
produce  passes  or  jjermits  which   are  not  a /i/il icahle   to  other  seelions  of  the  com munil  1/. 

(4)  Production  of  Pass  to  ohtain  Railway  Ticket. 

77.  We  have  recommended  that  a  native,  subject  to  carrying-  a  Registration  fertificate. 
should  be  allowed  complete  freedom  of  movement  throughout  the  ['nion,  and  ire  noir 
recommend  that  the  prm^isions  irhicli  reejuire  a  native  to  produce  a  pass  hefoie  he  can 
obtain   a  ticket  to  travel  hy  rail  he  withdrainn. 

(5)  Alien  Natives. 

78.  Hitherto  our  recommendations  have  only  been  made  in  respect  of  native.s  domiciled 
in  the  Union  and  we  now  recominend  that  all  alien  natives,  excluding  indentured  labourers 
for  employment  within  proclaimed  industrial  and  vrhan  areas,  shall  he  registered  under 
prescribed,  regulations  on  entry  into  the  Union. 

(6)  Definition  of  "  .Yative." 

79.  IFe  recommend,  that  the  word  "  Aative  "  for  the  purposes  of  our  jnn/iosuh  shall 
Include  any  member  of  the  aboriginal  races  or  tribes  of  Africa. 

Where  there  is  any  reasonable  doubt  as  to  whether  any  peison  falls  with, in  this  defini- 
tion the  burden  of  proof  shall  be  upon  such  person. 

(7)  Trespass  Lair  for  the  Transvaal. 

SO.  In  the  historical  section  of  this  report  it  is  suggested  that  one  of  the  reasons  for 
a  somewhat  drastic  pass  law  in  the  Transvaal,  as  compared  with  that  existing  in  the  Cape 
Province,  is  due  to  the  absence  of  a  Trespass  Law  such  as  is  in  force  in  the  latter  Pro- 
vince, or  in  other  words,  that  the  pass  law  in  the  Transvaal  has,  to  a  large  extent,  beon 
relied  upon  to  deal  with  jiersons  who  come  within  tlie  ])rovisions  of  the  vagiancy  law  of 
the  Cape  Province. 

If  our  recommendation  to  intioduce  a  Cnion  measure  to  deal  with  the  registration  and 
protection  of  natives  be  adopted,  il  is  at  once  apparent  that  (he  condol  hitherto  exercised 
under  the  existing  pass  law  over  natives  unlawfully  (lespassing  on  priva(e  property  in  ihe 
Transvaal  will  disappear  and  (o  meet  the  position  ire  recommend  Ihe  early  eiiael nient  of  a 
Tresfass  Law  for  that  Province. 

(8)  Advances. 

81.  In  the  report  of  the  Departmental  ('onimi((ee  a])])iiiiiti'd  to  ciu|iiire  into  and  rejjoi  ( 
upon  the  alleged  shortage  of  native  labour  in  (he  Natal  Province,  which  was  puldislied 
under  Government  Notice  No.  898  of  IDliS,  at  (en  t  ion  was  drawn.  In  the  following  extrac( 
from  its  report,  to  the  evils  which  attended  the  system  (jf  making  advance  ])ayments  of 
wages  to  natives  in  that   Province:  — 

"  A  system  of  making  advance  payments  of  wages  to  nativeN  ulitains  in  (he 
"Natal  Province  to  an  ex(en(  unknown  in  othei'  ])ar(s  of  South  Africa  and  which 
'"has  its  parallel  only  in  the  conditions  in  Pondoland  in  1900,  when  (he  (lovern- 
"  ments  of  the  Transvaal  and  the  Ca])e  intervened  (o  stop  the  disgraceful  and 
"demoralizing  practices  connected  with  advances  in  cattle  wiiicli  were  given  to  mine 
'■  labourers  at  the  time  of  recruitment. 

[U.G.  41— ''22.] 


18 

'■  At    aliuo'-t    t'V('r\'   cciitro   vi>i(e<l    widiesscs  testified    In   llic    I'ai-t   tluil    some  90  per 

"  rent,  of  (lie  permanent  labourers  employed  liad  been  oiveii  advanees  ajjjainst  wages 

"ranging   front   small   sums   (o    £20,   and    that    at    any  one    lime  the   average  amount 

"  outstanding     in     i('s|i('rl     id'    advances    piT    iiaiixc    cmidnxi'd     was    from     £■")    to     t'.S. 

"  Many    instaiires    were    riled    where    (hi--    average    was    groalh'    exceeded.      Alllumgli 

"witnesses,    liolh    I'lnropean    anil    native,    almiisl    nnaninninslv   comlemned    the   system, 

"  they    indicated    Iheir    inaliilily    to    depart     from    il    Mithoul    picjudicing    the    labour 

"  sup|)l\'.         The   system    is   so    well    established    that    it    has    become  one    of    the   cliief 

"  mediums  of   coni])etition   for  labonr.        The   system   reacts     liiarshly    on     tlie     small 

"  farmer  and   retards   the   progress  of  miniu'  industries,   as,   clearly,   \vlien  capital   is 

"  absorbed  in  respect  of  unearned  wages  it   is  not  being  utilized  to  the  best  adyanl- 

"  age." 

As  a  result  of  our  investigations  we  fully  agree  with    these  views  and  recommend  Ihnt 

■provision     he   made,   on   the  lines  of  Act.  13  of  1911,   to  prohibit     the     making    of    (idvanrcx 

of/ainst   hihnin    in    e.rress   of  an   nvthori:ed   limit   to  nni/    luilirr   nrexpert n-e   of   hix   eiiiphii/- 

iiient . 

(9)  "  To;/!   "    III    Dnilji   I'oid   Lnlmiir. 

82.  To  complete  the  machinery  for  identifying  and  tracing  all  natives  absent  from 
their  homes  it  is  necessary  to  deal  with  the  system  of  "'  daily  paid  "  or  "  togt  "  labonr 
wli.ich  we,   in  the  coui'se  of  our  investigations,  found  to  be  very  prevalent   in  T^atal. 

As  regards  this  class  of  labour  we  recommend  that  all  nat>reti  hiring  themselves  out  an 
"  casual  "  or  "  daili/  paid  "'  hihourers  in  proclai ined  industrial  and  vrhan  areas  shall  take 
out,  free  of  charge,  a  inonthli/  licence,  and  that,  as  regards  the  rural  districts,  natives 
adopting  this  form  of  labour  beyond  the  borders  of  their  district  of  domicile  shall  he 
similarly  licensed. 

(10)  Cost  of  Recovering  Deserters. 

83.  It  was  represented  that  the  cost  of  recovering  deserters  differed  in  the  various 
Provinces  of  the  Union,  i.e..  that  in  some  Provinces  deserters  were  brought  back  for  trial 
at  the  expense  of  the  State  and  in  others  that  employers  were  called  upon,  in  certain 
circumstances,  to  guarantee  the  expenditure. 

We  recommend  that  the  e.rpense  of  recovering  idl  native  deserters  be  borne  by  the 
State,  but  that  it  be  in  the  discretion  of  the  Court  to  order  the  employee  on  conviction,  to 
pay  an  amount  not  exceeding  one-half  of  the  costs  incurred,  and  in  the  event  of  the  Court 
finding  that  a  charge  has  been  brought  without  reasonable  or  probable  cause,  to  order  the 
employer  to  pay  .'<nch  costs. 

(11)  Utilization   of  Ta.r  Receipts  for  Purposes  of  Identity. 

84.  In  the  course  of  our  report  we  have  not  dealt  with  paragraph  (c)  of  the  terms  of 
reference  which  reads  as  follows:  — 

"  Whether,  and  to  what  extent,  it  would  be  practicable  to  make  use  of  the  tax 
"  receipts  issued  to  natives  in  substitution  for  passes  or  documents  of  identifica- 
"  tion." 

At  first  sight  the  utilization  of  the  tax  receipt  as  a  means  of  identification  appeared 
attractive.  The  proposal  was  advocated  by  a  large  number  of  witnesses,  both  European 
and  native,  who  urged  that  its  adoption  would  obviate  the  necessity  for  the  carrying  of  a 
further  document  by  a  native. 

On  the  other  hand,  however,  a  considerable  body  of  evidence  strongly  advocated  that 
there  should  be  no  connection  between  taxation  measures  and  measures  for  the  registration 
and  protection  of  natives. 

With  this  latter  view  we  concur  and  point  out  that,  even  if  it  was  desirable,  it  would 
be  impracticable,  in  the  absence  of  an  uniform  native  tax  law,  to  utilize  the  tax  receipt 
as  a  means  of  identification,  as,  except  in  the  Transvaal  and  Orange  Free  State,  a  native 
is  not  reouired  to  carry  his  tax  receipt  on  his  person,  and  owing  to  the  presence  of  a 
small  dais  of  native  in  the  Cape  Province,  which  is  not  required  to  pay  a  direct  native 
tax. 

TT'e  find  thai  it  is  impracticable  to  male  use  of  the  ta.r  receipt  in  suLititutum  for 
registration  certificates  or  documents  of   identification. 


PAET  lY. 

SUMMADY    OF    EEf'OMMEXnATIOXS. 

85.   To  summarise  the  report  our  main  recommendations  are  as  follows:  — 

(a)  That  all  existing  pass  laws  be  repealed  and  a  Union  measure  substituted  entitled 
"  Native  Pegistration  and  Protection  Act."     (Paragraph  :12.) 


li) 

[h]    Tluil    (':i(h    iiKilc    nall\i'   lie    li'i;  i-li'ii-il    in    lii's  iliitml   tif  ihniiicili'   ;il    llic   ;ifii'   (if    II^ 
veilfs   (II-    enrlicr    il    lie    leaves    hi-    Iniiiic    lii'lnir    iiMrliiii;^    tlm(    :it;('.         (  l':ir;if^iii]ili 
'^.)  ^  • 

((■)  'I'lial  I'viMV  iiii(i\c  lie  linn  i-linl  willi  ;i  lilc-ldii;;'  (locimicnl  In  lir  culled  a  Kcn'is- 
(ratiini  CeitiKcad' :  llial  it  lie  mi  pairliincnt ;  lliat  il  coiilaiii  lull  pail  iciilais  of 
(Iduiicile  and  personal  id(Mi(i(y:  (hat  it  hear  tiie  district  serial  niiniluM';  thai  it 
be  eilher  sij^ned  l)y  or  iiiii)iessed  wilh  the  tliuinU  jiiinl  ol  llie  linhlor;  and  thai 
it  he  presei\(>il  in  a  ii'ieplacle  to  he  pr()vi(hMl  hv  tlie  ( ioveninieiil  free  of  rosi. 
(Parajvraph  :'.4.) 

('/)  That  the  l!e<i'istiat  ion  Certitlcate  he  carried  whenever  a  native  //';<.<  Ixi/iind  thr 
Wurd   in   which    lie   is  ordinaiilv  resident.      ( Parafjrajjh  ■iT.) 

((')  That  only  an  aiithoiised  oflicer  liave  the  rifiht  to  demand  the  ]iro(lncli(ni  of  a 
Registration  Certilicale  aiul  (hat  an  "  authorised  olHcer  "  shall  mean  a  Euro- 
pean Police  Othcer.  not  below  tlie  lank  of  Serfieant  oi-  Post  Commandei-,  .Tiisdce 
of  the  Peace,  i{e»'i.s(erinf>'  Ofticei',  or  such  othei'  pnblic  ollicer  authorised  tliereto 
by   the   Minister  of  Native  AtVairs.      (Parap'raph.  :>!•.) 

(/)  That  il  be  an  offence  for  any  person  to  eng'aije  a  iia(ive  nol  in  possession  fif  a 
l{efiistiation  Ceititicate.      (  Parajiiapli  41.) 

{(j)  That  employers  be  reciuired  to  report  within  seven  ihiys  (lie  enp:af;-einent  of  a 
native  otiier  tlian  a  casual  laliourer — to  the  local  Pe-^isleriiij:-  Oflicer,  CPara- 
<iTa])h    II.) 

(//)  That  a  Central  Bureau  be  established  to  reconl  (he  iiiovemeiils  oi'  natives  alxent 
from   their  homes.      (Paragraphs  -II  and  42.) 

[i)  Tiuit  OAvners  or  occupiers  of  land  and  of  kraals  be  re(|uired  to  re]iorl  tlie  jiresence 
of  strange  natives,   othei-  than    jiassiiifr   travelleis.      (Paragra])h   42.) 

{j)  That  employers  in  ruial  areas  shall  furnish  parlicrilurs  of  (he  condiliniiN  of 
contract  to  the  local  Pepisteiinp'  Officer  and  keep  labour  registers  in  wliiidi  siuh 
information  shall  be  recorded  the  said  legisters  to  be  o]ien  to  inspec'lioii. 
(Paragraph   44.) 

(/.)  Employers  in  rural  areas  shall  report  desertions  and  terminations  of  contra(4s  to 
the  local  Registering  Officer..     (Paragraph  44.) 

(l)  That  the  registration  of  all  contracts  of  service  in  prorlaime<l  industrial  and 
urban  areas  be  coni])ulsory ;  be  effected  within  three  days;  and  be  made  mil  in 
triplicate,  one  copy  to  lie  tiled  of  record  and  one  (n  be  h.aiided  to  eai  li -of  (lie 
con(racting  parties.      (Paiagraphs  45  and  AO.) 

(m)  That  a  native,  excluding  an  indentured  native,  shall  rejinri  within  4S  hours 
after  arrival  in  pro<4aimed  industrial  or  urban  areas  In  tlie  I'egistering  Officer 
and  that  he  be  furnished  with  a  document  availalile  Im  one  month  certifying 
that  lie  lias  reported.      (Pai'agrajih   49.) 

(n)  That  an  employer  in  proclaimed  industrial  and  urban  areas  shall  report  deser- 
tions and  terminations  of  contraets  to  the  local  Registering  Officer  liy  surrender- 
ing his  copy  of  the  service  contract  duly  signed  and  dated  and  when  discharg- 
ing a  native  shall  similarly  sign  and  dale  the  co]iy  held  by  (he  la(ter. 
(Paragraph  51.) 

{())  Tliat  each  contract  of  service  be  registered  on  a  separat<>  form.     (Paragraph  5o.) 

ip)  That  only  an  ''authorised  offirer  "  shall  have  the  rls^ht  to  demand  the  produc- 
tion of  a  contract  of  service.     (Paragraph  55.) 

{(j)  That  monthly  passes  be  abolished.     (Paragraph  56.) 

(/■)  That  Special  Courts,  composed  of  an  experienced  official  wilh  two  native  asses- 
sors as  advisors  be  estaldished  in  proclaimed  industiial  and  urban  areas  to  deal 
with  "  undesirables."     (Paragraph  5cS.) 

(i-)  That  females  and  juveniles  be  subject   to   the  jurisdiction  of  the  Special  Courts. 

(Paragraph  58.) 

(/)  That  Curfew  Regulations  be  retained  but  that  the  hours  for  the  whole  Union  be 
fixed  at  from  11  p.m.  to  4  a.m.  unless  the  local  authority  can  show  good  cause 
that  the  hours  be  altered.     (Paragraph  01).) 

(i<)  That  all  permits  issued  under  the  Curfew  ifegnlations  be  on  a  prescribed  form 
and  facilities  provided  at  Police  and  Railway  Stations  for  the  issue  in  cases  of 
emergency.     (Paragraph  60.) 

(?;)  That  Curfew  Regulations  shall  not  apply  wi(hin  jiroperly  consdtuted  and 
regulated  townships  and  locations  set  a])art  for  iia(ive  occu])ation  unless  at  the 
recjuest  of  a   majority  of  (lie  residents  thereof.      (Paragraph   6(1.) 

(We  support  the  principle  under  which  unauthorised  Europeans  are 
excluded  from  such  townships  and  locations  during  certain  ])rescribed  hours.) 
(Paragraph  61.) 

(w)  That  native  women  be  excluded  from  registration  for  idenlification  purjioses, 
the  Curfew  Regulations  and  the  compulsory  regis(ra(i(Hi  of  con(racls  of  service, 
(Paragrapii   (14.) 

[TT.G.  4l-'22.] 


20 

(x)  That   natives  of  <>:ood  cliaracter  falliiio'  witliiii   the   rollowino-  chisses    he     exempt 

from   (he  iiiea,suie,s  recommeiKled  in   tiie  lepoil  : 

(J)  All  natives  at  preseut  lioldinn-  Letters  of  Exem]){ioii  nnd.-i-  ,inv  existinu-  law. 

(2)  Xatives  who  have  ])as^od  (li.e  Fiflli  Slandaid  of  Edmatidn. 

(3)  Natives  registered  as  I'arliameiitarv    \'oters. 

(4)  Chiefs  recognized   by  the  Government. 
(n)   Skilled  artisans  certified  as  sucji   and  perxins  pxercisint;'  a))])r(i\fil   l>\isinesse.s 

or   trades, 
((i)    liespectalde  and   intelligenl   natives  certified  as   liaving  rendered   faitiifiil   and 
continuous  service  for.  a  period  of  imt  less  tlian  (en  yeais.      (l*ara<>ra]di  fid.) 
(i/)   That   certificates  he  liable  to  cancelhitiim    in    the    event    'ot     ci.nviclion     lor     I  he 
(•rimes   set    out    in    the   Third     Sclii'dnle     of   Act     •'il   ot     1!)1T     piovided    tlial    llie 
(TOvernor-(iencral-in-('onncil   sliall   ii.ave  the  light  to  cancel   for  nii^condnct;  and 
that  all  certificates  other  than   those  under  class  (1)  he  granted  on  ])rol)atioii   lor 
one  year.      (Paragraph  (i'G.) 
(z)   Tliat  the  following  amendments  ho  made  to  Act  15  of  1911:  — 

(1)  A   "native  lahoui'er  "   to  he   deHned   as  any   native  engaged   for  em])lovnient 

except  such  specified  classes  to  whi(dr  it  is  not  desired  to  a])ply  the  ])io- 
visions  of  the  Act  relating  to  native  lahoui'ers.      (Paragra])h  (i7.) 

(2)  The  definition  of   "  employer  ""    in    Section   2   and   the   aiialagous   Section   2S 

be  deleted.      (Paragraph  70.) 

(3)  Section    twelve   (2)    be  altered    to   read    "  no   native   labourer,    save   with    the 

"  written  consent  of  the  Director,  shall  he  registered  to  a  person  other  than 
"  to  him  on  whose  behalf  he  is  to  l>e  employed  or  was  recruited."  (Para- 
graph 70.) 

(4)  Section   /ireJve  be  amended  so  as  to  debar  the  recruitment  of  native  lads  for 

jirescrilied  employment  and  that  the  present  discrepancy  in  ilie  English 
and   Dutcli  versions  be  removed.      (Paragraph  70.) 

86.  The  following  is  a  summary  of  our  furthicr  recommendations:  — 
(a)  That  no  fee  be  jiayable  in  respect  of  Pegistration  or  Exemjjtioii  Certificates  but 

a  fee  of  two  shillings  and   sixpence  l)e  leviable   in  respect  of  the   issue  of  ea(di 

duplicate  thereof.     (Paragraph  72.) 
ih)  That  an   employer  shall  pay  a  fee  of  two  shillings    for    every  registration  of  a 

Contract  of  Service  and  a  fee  of  one  shilling  for  reporting  the  engagement   of 

every  native  outside  proclaimed  industrial  and  urliaii  areas — each  fee  to  lie  ])aid 

by  means  of  a  revenue  stamp.     (Paragraph  7:).) 
((•■)  That  administrative  expenses  in  respect  of  Act  No.   15  of  1911    be  met    by    the 

imposition  of  fees  under  section  twenty-three  (m)  of  the  Act.      (Paragraph,  74.) 

(d)  That  pass  offices  be  designated  "  Native  Registry  Office,"  and  pass  officers  styled 

"  Registering  Officer."     (Paragraph  75.) 

(e)  That  the  administration   be   in   the  hands  of   the   Central   Government.        (Para- 

graph  TG.) 
(/)   That   local   authorities  be  prohibited   from   requiring  natives  to  carry  or  produce 

passes  or  permits  which  are  not  applicable  to  other  sections  of  the  community. 

(Paragraph  7G.) 
((/)  That  the  provisions  which  require  a  native    to    produce  a  pass    before    he    can 

obtain  a  ticket  to  travel  by  rail  be  withdrawn.     (Paragraph  T7.) 
(/))  That    all   alien    natives,    ex(duding   indentured    labourers   for   employment    within 

jiroclaimed  industrial  and  urban  areas  be  registered  on  entry    into    the     Cnion. 

(Paragraph  78.) 
(i)  That  the  word  "  Native  "  shall  include:  — 

"  Any  member  of  the  aboriginal  races  or  tribes  of  Africa."     (Paragraph  7f).) 
(j)  That  a  Trespass  Law  be  enacted  for  the  Transvaal.     (Paragraph  80.) 
(/,)  That  making  of  advances  against  labour  in  excess  of  an  authorised  limit  to  any 

native  irrespective   of  his  employment  be  prohibited.      (Paragraph  81.) 
(1)  That   casual,    daily   paid   or    "  togt  "   labourers  shall  take  out,    free   of   charge,   a 

monthly  licence.     (Paragraph  82.) 
(ill)  That  tile  State  bear  the  expense  of  recovering  deserters  but  that  the  Courts  be 

empowered,  in  certain  circumstances,  to  make  an  order  for  the  recovery  of  half 

the  costs  from  the  party  at  fault.      (Paragraph  83.) 

87.  It  will  be  noted  that  the  measures  herein  recommended  do  not  deal  with  the 
permanent  removal  of  domicile  by  natives  individually  or  in  numbers.  This  is  partially 
governed   at  the   present    time  by' the  pass   laws   and  it   is   assumed    that,   when    necessary, 

powers  will  be  secured  under  legislation  to  regulate  this  matter.  ■ 

88.  Further,  although    the    question    of    stock    removal    permits    was    referred    to    in  j| 
evidence  we  do  not  propose  to  deal  with  it  as  we  are  of  opinion    that    the    existing    laws 
governing  this  matter,  which  do  not  refer  only  to  natives,  should  be  considered  apart  from 
any  general  system  of  native  registration  and' identification,  and  in  connection  rather  wilh 
measures  necessary  for  the  prevention  of  stock  thefts  or  the  spread  of  cattle  diseases. 


f 


21 

81).  We  are  of  o[>inioii  llial  llie  oiiiployincnt ,  Id  a  cprlaiii  extpiit,  of  suitaMo  and 
(■(lucated  natives  in  Kiniicclidii  with  (he  cairyinji  out  of  tlie  leconiniendations  eonlained  in 
ibis  rei)Oit  is  ])i;u(  icahK'  and  desiiahle;  lliat  il  winild,  hv  opening'  np  a  tiinsideialdo 
avenue  of  ein])l()yrnenl  foi-  (iiis  (lass,  sec-ure  i(s  artive  co-operal  inn  in  j^ivinj;-  elTcit  tn 
lueasiiies  intiinalely  concerning-  tlie  native  peoi)h-:  and  thai  il  wdnld  (cn<l  In  (ii«'  ^nmotii 
uorkino-  of  the  administrative  nmcliinery. 

90.  In  conclusion  we  de.sire  to  record  our  appreciatio)i  of  the  services  rendcicd  h\^ii< 
Secretary,  :\lr.  F.  P.  ("ourtney  Clarke,  ]}.A.,  IJi.15..  in  the  ])n'iiai  al  ion  nl  valualdr  d.ila, 
and    for  draft  inn-  the   iiistovical  section  of  this  report. 

!)1.  This  leport  is  sifjned  suhject  to  reservations  liy  ;Mr.  W.  T.  WeMi  and  Caplain 
II.  I).   Ilemswortli  as  set  out    in   tiie  a]ipended  menioianda. 

(Sij;ned)      (1.    A.    CoDLl^V, 

( 'iia  irnian. 
11.   S.   (OOKK. 
W.   T.    Wi'll.SlI. 
.1.   I'.    VAX    IDDMKINtUv 

II.  1).  iiKMswuirrii. 

(Signed)     F.  V.  roriiTXFY  CLAEKF, 

Scci-elary. 
Pretoria,   '.Mth    March,    llfJII. 


MKMOEANDTTM  15Y   MR.  AY.  T.  WELSH. 

I  am  in  full  ap-reement  with  th,e  views  and  recommendalions  contained  in  the  report, 
subject  (o  reservations  regardinp-  the  application  of  certain  provisions  tlieiein  to  the  Cape 
Province,  more  particularly  para<;ra])]is  :i6,  '-U,  41  and  44,  where  such  are  inconsislent  or 
in  conflict  with  the  remarks,  conclusions  or  recoiniuendalions  herein  contained. 

A  brief  summary  of  the  pass  laws  in  force  throughout  the  Union  is  furni-licd  in 
Annexure  "  B  "  to  the  i-eport.  I'efereuce  to  the  provisions  therein  snnnnaiised  will  more 
fully  show  that  in  the  Ca])e  Colony  Proper  the  Statute  Law,  while  enacting  that  the  entry 
and  movements  of  "  native  foreigners  "  were  to  be  controlled,  imposed  few  rest licf ions 
uj)on  natives  resident  within  the  Colony.  The  Certificate  of  Citizenship  Amendment  Acl 
of  1864  and  the  Hofmeyr  Act  of  1887,  conferred  exemptions  and  piivileges  and.  in  (he 
roirse  of  time,  as  persons  pieviously  known  as  native  foreigners  became  I'ritish  sulijects, 
(he  pass  hn\s,  although  they  remained  on  the  Statute  Book,  ceased  to  lunc  a.ny  ])ractical 
operation. 

In  British  Becluianaland  passes  are  re(|uired  l)y  natives  only  when  entering  or  leaving 
that  territory. 

In  the  Transkeian  Terri(ories  the  law  re(|uire.s  nil  pt'i-goiis  leaving  nr  entering  any  of 
the  s^aid  Territories  to  be  provided  with  a  pass,  but  the  I'roi  lamation  defining  the  per.sons 
who  are  recjuired  to  produce  their  passes  does  not  incdude  Europeans.  The  inter-territoiial 
movements  of  natives  within  the  Transkeian  Territories  have  not,  however,  been  ham])ei-ed 
by  a   strict  enforcement  of  the  regulations. 

In  Griqualand  West  special  ])rovision  has  been  made  under  the  regulations  fiamed 
under  Act  Xo.   15    of  1911  for  passes  in  the  Barkly  West  Lal)our  ])is(rict. 

It  will  thus  be  seen  that,  except  when  leaving  or  entering  certain  compact  art'as  m; 
the  Cape  Province,  and  in  the  Barkly  West  Labour  District,  passes  are  not  required.  In 
evidence  given  before  the  Committee  witnesses  of  standing  and  rijie  experience  advocated 
that  these  rights  should  not  be  interfered  with  or  curtailed. 

A  large  number  of  witnesses  pleaded  for  the  extension  of  (he  Cape  svstem  to  the  whole 
I'nion.  To  grant  this  request  would  mean  the  virtual  abolition  of  (he  pass  laws  and 
launot,  at  present,  be  acceded  to.  In  the  Cape  Province  the  protection  and  control  whicli 
experience  has  found  to  be  necessary  there  are  sufficiently  maintained,  while  the  general 
.satisfaction  and  absence  of  grievances  or  agitation  bear  eloquent,  if  silent,  testimony  to  its 
success,  and  constitutes  a  strong  argument  against  any  tightening  up  of  the  existing 
measures. 

Although  therefore  the  report  recommends  the  substitution  for  the  systems  now  in 
operation  in  the  Transvaal,  ((range  Free  State  and  iVa(al  greatly  improved  and  sim])lified 
measures  of  protection  and  control,  their  application  to  the  Ca])e  Piovince  would  have  a 
contrary  effect,  introducing  restrictions  upon  the  people  which  do  not  now  exist,  and  the 
necessity  for  which  is  at  least  open  to  serious  question. 

I  am  of  opinion  that  before  the  highly  valued  rights  and  benefits  now  enjoyed,  which, 
have  not  been  aluised  or  found  inade(]uate,  are  withdrawn,  convincing  reasons  must  be 
forthcoming. 

The  advantage  of  uniformity  in  native  administration  is  admittedly  of  grea(  import- 
ance and  cannot  lightly  be  disregarded,  but  I  do  not  consider  that  in  the  present  case  ihc 
surrender  by  the  natives  of  the  Cape  Province  of  (he  privileges  (hey  have  long  enjoyed, 
without  abuse,  is  a  vital  or  necessary  condition  In  (he  inlroduction  of  the  reforms  advocated 
for  the  other  three  Provinces. 

[U.G.  CI— •2'.\] 


oo 


A  notable  precedent  for  not  sacrificing-  xeslec!  rights  foi-  llie  salse  of  uniformity  is 
contained  in  section  fliirti/-five  of  tlie  Pontli  Aliica  Act,  !!)()!),  wliicli  jireservcs  francliise 
ligli.ts  (()  (he  natives  of  the  Cape  Province. 

A  consi(leral)le  number  of  responsible  witnesses  IkmkI  iu  llie  ('ap-  l'ro\inie  stronglv 
advocated  that  natives  in  that  Province  shoubl  on  no  accduiit  l)e  re(|uired  to  carrv  regis- 
tration certificates  when  travelling  within  sjiecified  areas,  ranginu'  in  size  from  a  disirict 
to  the  whole  Province,  and  I  cannot  subscrilie  to  the  opinion  expressed  in  paragraph  :i(i 
of  the  re])orl  tli<it  to  require  a  native  of  the  Cajie  Province  to  carrv  iiis  regjistralion  cerlifi- 
cate  wiienever  he  leaves  home,  or,  as  more  definitely  stated  in  ])aragrai)lii  -'u  "  when  he 
goes  beyond  the  inni]  in  whicli  ho  is  ordinarily  resident,"  would  ini])(ise  no  unfair  <lis- 
ability. 

Any  attempt  to  introduce  su(h  an  innovation  would  be  resented,  and  instead  of 
encouraging  the  natives  throughout  the  ['nion  to  prove  tlu-inselves  woitiiy  of  fmtlier 
relaxation  it  would  tend  to  create  ap])relieusion  as  to  the  po>sibl(>  curtailment  of  other 
righ.ts  and  privileges. 

I  am  emphatically  of  opinion  that  within  the  three  areas  of  British  Bechnanaland.  the 
Transkeiaii  Territories  and  the  rest  of  the  Cape  Province  a  native  shouhl  be  alloweil  free 
and  untrammcdled  movement  without  being  required  to  carry  or  produce  his  Pegistration 
Certificate,  and  that  only  when  entering  or  leaving-  any  one  of  these  areas  should  if  be 
necessary,  as  is  now  the  case,  for  him  to  comply  with  the  reconuuendal  ion  contained  in 
paragraph  37  of  the  report. 

I  am  further  of  opinion  that  a  native  in  the  Cape  Province  should  be  entitled  to  seek 
employment  and  be  engaged  without  producing-  his  Pegisfration  Certificate  anywhere 
except  in  a  proclaimed  industrial  or  mining-  area.  In  regard  to  this  latter  case  although 
at  present,  except  on  the  Barkly  West  diggings,  there  are  no  such  proclaimed  industrial 
areas  in  the  Cape  Province,  it  can  well  be  conceived  that  in  th,e  future  industrial  or 
mining  expansion  may  result  in  closely  populated  areas  in  the  Cape,  like  the  Witwater.s- 
rand,  where  some  system  of  closer  supervision  woidd  l)e  necessary,  as  much  in  the  interests 
of  the  natives  as  of  the  Europeans. 

Travelling  passes  are  now  freely  taken  out  by  uneducated  natives  when  proceeding  to 
places  remote  from  their  homes.  In  cases  where  it  is  not  obligatory  to  carry  his  registra- 
tion certificate,  a  native  wonld  be  able,  should  lie  desire  to  do  so  for  his  protection  and 
ideutificatiuu,  to  take  with  hiim  the  document  referred  to  in  paragra])h  ■>'2.  In  so  far  as 
paragraph  41  is  in  t-onflict  with  the  foregoing  remarks  I  am  of  opinion  it  should  not  be 
made  to  apply  to  the  Cape  Province. 

Except  to  some  extent  in  Griqualand  West,  the  registration  of  contracts  of  service  has 
not  been  compulsory  in  the  Cape  Province.  Even  in  Ivimberley  the  position  is  souiewiuit 
anonuilous  for  the  regulations  do  not  apply  to  all  employees  and  on  the  other  hand  the 
service  contracts  of  voters  have,  despite  the  provisions  of  Act  No.  39  of  18ST,  been  required 
to  be  registered. 

The  reporting  of  tlie  engagement  of  natives,  provided  for  in  paragraph  44  of  the 
report,  in  order  to  be  effective  would  necessitate  the  production  of  the  Pegisfration  Certifi- 
cate to  the  employer  to  enable  him  to  transmit  the  necessary  particulars  to  the  IJegistering 
Officer.  As  I  have  already  indicated  I  am  opposed  to  any  oliligation  being-  thrown  on 
natives  to  carry  documents  within  sjiecified  areas  of  the  Cape  Province.  I  am  therefore 
unable  to  support  the  recommendation  in  so  far  as  tliat  Province  is  concerned. 

In  paragraph  6  of  the  report  it  is  stated  that  in  the  Cape  Statute  Law,  nnlil^e  the 
Transvaal,  "  very  drastic  vagrancy  provisions  "  exist,  which  have,  to  a  large  extent, 
fulfilled  the  same  purpose  as  the  pass  regulations  in  the  latter  Province.  In  view  of  this 
and  the  general  satisfaction,  on  the  part  of  both  Europeans  and  natives,  with  existing 
conditions,  it  appears  to  be  illogical  and  unwise  to  superimpose  any  further  restrictions. 
At  a  time  when  much  responsible  thought  and  attention  are  being  concentrated  upon  the 
native  question,  with  a  view  to  redressing  legitimate  grievances,  it  -^^-ould  not  only  be 
unjust    Ijut  impolitic  to  create  further  disabilities. 

I  agree  that  the  time  has  arrived  when  the  drastic  and  irritating  pass  laws  of  the 
Transvaal,  Orange  Free  State  and  Natal  should  be  considerably  relaxed  as  recommended 
in  the  report.  In  the  meantime  it  would  be  unfair  and  inadvisable  for  the  sake  of  nnifor- 
juify  to  introduce  even  the  moderate  restrictions  recommended  into  the  Cape  Province, 
where  the  present  position  is  satisfactory,  and  is  deeply  appreciated  by  those  whom  it  most 
concerns.  These  privileges  should  not  be  interfered  w-itli,  and  I  would  urge  that  in  con- 
sidering the  recommendations  submitted  thej-  be  modified  accordingly. 


(Signed)     W.  T.  WELSH, 

Member. 


(Signed)     F.  P.  COCPTNEY  CLAPKE, 

Secretary 

Pretoria,   24th   ilarch,    192U. 


MEM(II!A.VI)1  .Af   BY  ('A1''I'AL\    II.   1).    11  lOiSWftllTH. 

Willi,  roiert'iice  lo  ]):Uii<;i;ii)lis  ;',7,  :i!),  and  i')h  ot  llie  IJppoil  I  disiif^ncc  willi  tlio  recom- 
uioiuliitions  dial  the  Keyist ration  ('oi(ifiiat(>  nocil  only  he  carried  wlieii  a  native  travels 
beyond  the  ward  in  wiiich  he  resides  and  that  its  production  may  only  l)e  demanded  l)y 
specified  Euro])ean  pdlicc  oIKcers  not  below  the  rank  of  Serpeanl  or  Post  Coinniander. 

1  recommend  that  I  he  law  which  jiovcrns  I  he  production  ol  the  Transvaal  Native  Tax 
leceipt  (section  si.r.  Act  !)  of  IIIOS,  'J'ransvaal)  should  niuUills  iiiKhiiidls  apply  (o  the  Itej^'is- 
tration  Certificate,  oi  hi  the  contract  of  service  mentioned  in  paragraph.  55.  The  section 
reads: — "  Any  cdlleclor,  police  constable,  police  ofhccr  or  other  otHccr  a]ii)ointed  to  issue 
"  passes  to  natives  may  demand  from  any  adult  the  jiroduction,  etc."  Hriefly  it  re([Uires 
that  the  document  shall  l)e  produced  whenever  it  is  demandetl  by  the  police  and  therefore 
the  document  has  fo  be  carried  on  the  person. 

The  ado])tion  of  the  tax  receipt  for  the  purposes  of  the  ])resent  ])ass  was  recommendeil 
even  by  those  native  witnesses  who  nuist  strenuously  opposed  th,e  i)ass  system  {rtdc  para- 
graph L'T,  Pait  III  of  the  Iveport),  and  the  section  of  the  Transvaal  law  alwve  (juoted  has, 
in  practice,  ])roved  most  satisfactory. 

In  my  oiiinion  no  resti'iction  should  be  placed  upon  the  police  force,  any  iMiropean 
member  of  which  should  at  any  time  lia\e  the  rig-hf  to  denuiml  production  of  the  Eegis- 
tiafion  t'ertilicate.  I  believe,  that  the  allejied  Iharassinji'  of  natives  by  certain  members  of 
the  force  has  been  {greatly  exa<;f;erated.  If  any  has  occurred  it  has  been  due,  in  my 
o|iinion,  to  ihe  existini;-  pass  system.  Provided  that  a  simple  and  workable  measure  be 
enacted  1  do  not  anticipate  that  law  abiding  natives  will  be  unduly  harassed  by  the  police. 
In  any  case  I  am  of  opinion  that  any  safef>'uard  that  might  be  reipiired  in  this  direction 
could  be  better  applied  by  the  Police  authorities  than  through  the  medium  of  the  measures 
which  form  the  subject  of  this  report. 

I  do  not  agree  to  the  inclusion  of  Pailiainentary  Voters  in  the  classes  for  which 
exemption  is  provided  (in  paragraph  GG)  because  of  the  low  standard  of  qualification  for 
native  voters  in  the  Cape  Province.  A  large  number  of  voters  would  jirobably  fall  within 
the  other  classes,  already  sufhcieutly  wide,  for  which  exenii)tion  is  ]iiovided.  Exemption 
merely  on  the  ground  of  possessing  the  franchise  would,  I  consider,  be  an  unfair  diiieren- 
tiation  as  against  the  natives  of  the  other  Provinces. 


'p 


(Signed)     II.   1).    IIEMSWOPTH, 

Member. 
(Signed)     F.  P.  CorPTNEY  CLAPKE, 

Secretary. 

Pretoria,   L'4th    March,    PJL'O. 

AXXEXURE  A. 
LIST  (IF  "WITNESSES  EXAMINED. 

1.  Captain  W.  W.  Smith,  M.   M.  Woods,  Esq.,  and  A.  L.   Muhahy,  Esq.,  representing 

the  Pass  Officers,   Native  Labour  Department,  Witwatersrand. 

2.  Seiuilor  the    Monouralile  P.   J.   Wannenberg. 

.'5.    E.     C.     Berg,     Esq.,     Chief     Clerk,     F.I. P. I).     Pranch,     Native     Affairs     Deiiarlment. 
.Tohannesburg. 

4.  Lient. -Colonel  J.   S.   CI.   Douglas,    D.S.d.,   DejiLily   Commissioner,    S.A.   Police,   .lohan- 

nesburg. 

5.  C.  A.  Iladley,  Esq.,  Native  Labour  Contractor. 

G.   J.    Paugh,    Estp,    Complaints   Officer,    Native   Labour    De])aii  nicn!.    .loliaiiiic^biirg. 

7.   Mesdames   Charlotte   Maxeke,   Daisy   Nogakwa   and   Grace  lictanka.     representing     the 

Bantu  Women's  League. 
S.   Hester  Sibiqa. 
y.   Thomas  Theron,  Es(j.,  Native  Labour  Contraitor. 

10.  G.  Way,  A.  P.  Chriskoza,  I.  W.  Longwa,   S.   I'liika  and  D.   Singn,  representing  the 

Nvassaland  Native  National  Association. 

11.  S.   M.   Makgatho,  President;  D.   S.   Letanka,    C.     S.     Mabaso,     C.     H.     Chake,  E.   P. 

Paniailane,  J.   D.  Njojo,   II.   L.   Bud   M'Belle,   P.  W.   Msimang,     L.     T.     Mvabasa, 

representing  the  Transvaal  Native  Congress. 
VZ.  Howard  Pim,  Es([.,  Dr.  L.  E.  Hertslet,  Pev.  Father  Hill,  C.l!.,   Pcx .   P.    Iv    I'lilllip-, 

repiesenting   the   Johannesburg  Native   Welfare   xVssociation. 
l:i.   The  Peverend  Father  Hill,  C.P. 

14.  Pevs.    N.    Ngcayiva,    Dlepu   and    Nojekwa,    representing   the   Native   SepaiafisI    ;Minis- 

ters. 

15.  P.   Islip,   Esq.,     C.   H.    Leake,    Esq.,     E.   J.    Caftel,     represeiil  iiig     the     Johannesburg 

Chamber  of  Commerce. 

16.  H.   M.   Taberer,   Es(i.,    II.  Wellbeloved,   Esq.,  representing    the    Chamber    of    Mines, 

Witwatersrand    Native   Labour   Association   and    Native   Recruiting   Corporatiou. 
IT.  J.  J.  Llewellvn.   Esq.,  Teacher. 
[F.G.  41— '22.] 


■c  I  ■ 


•J4 

is.   Dr.    A.    W.    Ivolioils,   Missioiiaiy  :niil    iMliiciiiioiial   Suporiiitenili-iit ,   Lovedale. 

19.   W.   S.    Ilayi's,   J';s([.,   V.   E.    IIuiii|ilii(>v,    Ks(|.,  and    I'',,    llmiord,    Ks([.,   lepiesoiil  iiig  tlxe 

('iiiii|)()uiul    M:niaf;ers'    Ass(K'iati()ii. 
L'O.   (icoifie   Majjuiizelii  and    lleurv   Nilalia,    i('pn's('ii(iii<i'   }sativc   roiiiiuiuiid   (leiks. 
:^1.   H.  S.  Xovinan,  Esq.,  Pioljation  Officer,  Johanneslnufi!'. 

22.  Captain   T.    Edwards,    Siili-Xaiive  Coiinnissioner,    1  lanianskraal. 

23.  D.  E.  van   \'elilen,   Es(|.,   Provinr-ial  Secretary,  Transvaal. 

24.  Misses  Kent  and  Oslar,   Native  Girls'   lloslel,  Tohanne.sburg. 

25.  W.  A.  Terry,  E.sq.,   Inspector  of  Natives,  Rayton. 

26.  Lieut. -Colonel    11.   C.   Bredell,   Secretary    and    Depnty  Commissioner,    South    African 

Police. 
Iv.  A.  Barry,  Esq..  and  I.   11.  Alcock,  Esc].,  representing  the  Transvaal  Gold  Mining 
Estates  Co.,   Tlie  Chamlier  of  Commerce,   Pilgrimsrest,   and  the  Health  Committees, 
Pilgrimsrest  and   Sabie. 

28.  Eev.   C.  J.   Tai)sfield,   C.   E.   Barber,   Escj..   and  W.    G.   A.   Mears,   Escj.,   representing 

the  Native  Welfare  Association,  Pretoria. 

29.  Dr.  J.  J.  Boyd  and  T.  C.  Wolley-Dod,  Esq.,  representing  the  Pretoria  Municipality. 

30.  Eepresentative  CJiicl's  of  the  Transvaal:  — 

August    Mokgatlila.  Mfene. 

John  Mamogale.  Malaboch. 

Senthumula    Pamapulane.  Edward  Chaane 

Takahme   Sibasa.  Paledi   Matliahe. 

Cornelius   Makapane.  Patule  Mphalalele. 

Alfred   Masepe.  Amos   Mahambane. 

■)1.   Philip  Thompson. 

;i2.   W.   Hands,   Esq.,   representing  the  Eastern  Middelburg  Earmers'   Association. 

■V-].  S.  M.  Makgatho,  President;  D.  Letanka,  II.  W.  Msimang,  Chief  Makapan,  Chief 
Mamogali,  M.  Mokgathle,  E.  Chake,  P.  Matseke,  D.  Mokgathle,  representing  the 
South  African  Native  National  Congress. 

:n.  J.  P.  Malhabathe,  S.  M.  Mphahlele,  and  Juli.ii  Setula.  representing  the  Transvaal 
Native  Teachers'    Association. 

-")5.  D.  W.   Hook,   Esq.,   Sub-Native  Commissioner,  Graskop. 

:!G.  J.  C.  (iilhllaii,  Es(|.,  and  Major  E.  D.  Doyle,  representing  the  Transvaal  Agricul- 
tural   Cnion. 

Ti.  H.  S.  Webb,  Es(j.,  and  Captain  G.  J.  Elphick,  representing  tha  Komati  Agricultural 
and   Industrial   Association. 

38.  Isaiah  Bud   M 'belle. 

39.  L.   Mokyaleli.  S.  P.  Matseke,  K.  Mashabathakja,   E.  Chake,  Simon  ilaluleka,  Pretoria 

Native  Locaficm   Advisory  Committee. 
■1(1.  J.   11.   Ilallev,   Esf].,   representing  the  Noodsl)urg  Poad  Agricultuial  Society. 

41.  Captain  11.   P.   Slater,   Chief  Constable,   Pietermaritzbuig. 

42.  A.  W.  Leslie,   Esq.,   Magistrate,  Dundee. 

43.  11.  H.   S.   Morelaud,   Esq..   Local  Representative,   Native  Recruiting  Corporation. 

44.  G.   W.  Adamson,  Esq.,  Magistrate,   Eshowe. 

45.  Lieut. -Colonel  T.   M.   Davidson,   M.C.,  Officer  Commanding  ^ird   Regiment,   S.A.M.R. 

46'  Representatives  of: — The  Natal  Agricultural  Cnion,  Camperdowu.  Beaumont- 
Eastern  Richmond  and  Weenen  Agricultural  Societies.  The  Mid-Illovo  Central 
Farmers'  Club  and  the  Colenso  Farmers'  Association.     Colonel  W.  Arnott. 

Senator  Winter  and  Messrs.  F.  B.  Burchell,  W.  E.  Allsopp,  W.  L.  Stead,  F. 
Fell,  R.  G.  Speis,  J.  W.  T.  Marwiek,  H.  S.  Power,  B.  B.  Evans,  Elliott,  A. 
Clouston.  J.   G.  Brennan. 

47.  ().    Schwikkard,   Esq.,   and    II.   V.   Taylor,   Esq.,   representing  the  Newcastle  Agricul- 

tural Society. 

48.  G.   BallendeuT  Officer-in-Charge,   Natal  Finger  Print  Bureau. 

49.  Eepresentative  Chiefs  of  Natal  and  Zululand  : — 

Kulu    Majozi    Helpmakaar. 

Bande  Sitole   Helpmakaar. 

Njengabantu  Ngubane  Greytown. 

Swavimane    Goumisa    New  Hanover. 

Msebenzi  Madhlala   Bort  Shepstone. 

Mslola    Zondi    Pietermaritzburg. 

Mnyaiza  Ytetwa   Tryheid. 

Isaac  Moliff   Ngutu. 

Mgandeni   Matonsi    Eshowe. 

Lukulwini    Biyela    Nkaudhla. 

Mqinizeni    Zungu    M.ahlabatini. 

Mguquka   Ukize   Camperdown. 

Mahlatiui      Sitola      (headman      for 

Chief   Trrtuma   Ulaba) Camperdown. 


'"in.  1).  .\I.  Kadi.-.  Ks(|.,  .1.  I).  (Viiiksliaiiks,  Ks(|.,  W.  S.  Wuods,  Ks(|.,  and  \V.  I'aul, 
leprescnliiii;  I  lie  Nalal  Co.isl  Lal)our  llefiuiUiiff  Corporation,  l'inzuijil)i  Fanners' 
Assoriatioii,  Si)utli  ('<ia>l  Fanners'  Association,  Natal  Siif>-ai-  (ir.iwcrs"  Association; 
also  Messrs.  Kelly.  Hill,  I'eaice  ami  Saville.  representiiif;'  tiio  I'lnipanficiii  and 
(iinfiundli,l()\  ii-Mluiizi    and    District    i'lanfers'    Assiicialion. 

•M.  K.  II.  Stainl>ank,  J'ls.].,  ami  .T.  A.  Thnnii)S()n,  I'^scj..  represent  iiif;-  llie  Sle\  cdorin;.'- 
Co.,  Limited. 

02.   .1.    ilorley,   Es.].,    re])resenlinf;-  the   Diirhan   and   ."south  Coast   Farmers'   Association. 

r?;}.  l{ev.  J.  Dube.  Cliairman,   Natal  Native  Congress. 

i>4.  A.  L.  Wiagfield,  Esq.,  and  C.  Moffitt.  Esq..  representing  the  ])inl)aii  Miiniiijial 
Native  Aft'air.s  ])epartment. 

55.  Maurice  Evans,    Esq.,   C.M.Cl.,    11.   .1.   Ci)11eiil)rander,     Es(j..     represent  ioir     the     Natal 

Native    .VfTairs   Hetorm  Association. 

56.  J.    Pearce,    I'^sc].,    and   W.      II.     London,      Ls(j..     representing     the     I'lnkdniaas     Sngar 

Planters"   Association. 

57.  S.  G.  llich,  E,sq.,  Teacher. 

58.  Ik.   Monzali,  ]'>(].,  Paihvay  Contractor. 

59.  Pevt    W.    .1.    J[akanija,    li.    S.    Nkwanyana.    W .    lUinlose,    P.    Mtaka,    i cpicsenting    the 

Dnrhan  and  Ixopo  ]{ranches  of  Natal  Native  Cnngress. 
fid.   Sananesa   Tjanga. 
lil.    W.    (iilhert,    I'^sij.,    Cliairman.    Native     AITair>     and      I'idice    ( 'nniiuitlcc    ol    the    DniKaii 

Municipality. 
(i'2.   C.    ]{.    Margeils,    Mead   Cimstal.le  S.A.M.H.   and    I'ulilic     I'rosecut.n,     Durlian     ])i>lrict 

Court. 
6-"L   Attorney   ]{.   C.   A.   Saniuelson. 
04.   .r.  W.   MacKenzie,   Es([.,   Labour  Contractor  and  Fainter. 

65.  P.    Campl)ell.    Es.].,    and   W.   T.    Ileslop,    Es(|.,    representing   t'hc    Natal    ('(dlierv    Man- 

agers'  Association. 

66.  Ifeverend  S.  T.    Harp,   l'riest-iu-(diarge,  Native  Missions  Angli<an   Cli.urch,  Duibau. 

67.  Mesdames   N.    lUongwane,   M.   Majozi,   IL   Kwazi,   representing    the     Durban     Native 

Women. 

68.  T.  W.  Mng.iibisa,  T.  N.  Sihawu,  P.  J5.  Ndwesha,  J.  Nwike/a,  1).  D.  Nthobo.  T.  N. 

Pamla,   -T.  -T.   Mj)aml)ana,    .V.    W.    Pakkios,   representing  the  Natives    of    the    Mount 

Cui-rie  District. 
6!).   Chief  Mo|)olisa  liiipindo  and  Acting  Headman  Ntcbe  Magadla. 

71).   C.   (J.  de  ]?ruiu  and  W.  T.  Ivok,  representatives  of  (iriquas,   Jloiint  Carrie  District. 
7L  F.  E.   H.   Guthrie,  Es(j.,   Magistrate  of  Kokstad. 
72.   P.    WeVistei',    Esq.,    Secretary,    Motmt    Cinrie    Farnuis"    Association    and    J'iasI    Gi'i(|ua- 

land  Fanners"  ('ongress. 
7;{.   W.   Meaker,   Es(j.,   representing  Transkeian  Civic  Association. 

74.  Charles  Veldtman,  Princij)al   IleHidimin  of  the  Fingoes. 

75.  W.  Carmichael,  Esq.,   Magistrate,  Tsolo. 

76.  Lieut. -Colonel   P.    S.    Godley,    O.]?.]'].,     Deputy     Commissioner,     S.A.P.,     Transkeian 

Territories. 

77.  A.   H.   Stanfoi'd,   Es([.,   President,   Transkeian   Territories  Ci\  ic  Associati.m. 

78.  Chief  Scanlen  Lehana,   Mount  Fletcher  District. 

79.  .Tohn  Ngaka,  representing  the  Pondo  Chief  Marelane. 

80.  T.  W.   C.  Norton,  Esq.,   Acting  Assistant  Cli.ief  Magistrate.  Transkeian  Tenitnries. 
8L  John  Wynne  Ntshona. 

82.  T.  P.  Davis,  Esq.,  Labour  Agent. 
S-'>.   Dalendyebo,   Chief  of  the  Tenibus. 

84.  The   Pev.    Dean   llallward,    representing   the   Tianskeian    Missimiary   Cmiference. 

85.  B.   Ngwiliso  and   I.    Mtingana,   representatives  of  Chief  Poto     Ndamash    of    Western 

Pondoland. 

86.  A.  Ngwabeui,  Sergt.  S.A.M.P. 

87.  J.  N.  .Tordan,  Esq. 

88.  Davidson  .Tabavu  and  Chief  Zibi,  I'epresenting  Alice  and  ^lidillcdi  ifl    Native  Farmers' 

Association.      Native   Christian    Teachers'    Association. 

89.  Majoi'  C.   T.    Payner,   representing     Kingwilliamstown     (  liandiei-     ol'     Commerce     and 

Local  Labour  Agents. 

90.  A.   C.   M.   Taintou,  Esq.,   representing  Kingwillianrstown   Faiiner>'   Association. 

91.  C.  A.  W.  Sigila,  S.  Maudla  ami  11.   Mtimlculu,  representing  the  \'ict(nia  J'last  Native 

(leneral  Welfare   Association. 

92.  Captain  G.  Lloyd  Lister,  Sub-Inspector,  S.A.I*. 

9-^.   W.  F.  C.  TroUip,  Esq.,  Additional  Magistrate,  Kingwilliamstou  ii. 

94.  Dr.  W.  B.  Pubusana,  A.  Z.  Mazingi.  b'ev.  B.  S.  Mazwi,  and  Mr    Pellem  (President). 

representing  the  Bantn   Union. 

95.  M'lwvana  M'bandhla  and  Ngweniso  Mipihi.   Cliicls  ol   llic   \  ictoria  East  District. 

96.  Poliert  Gosa  and  Frank  Neku,  representing  Ciiief  (tangidizue    Kama  of  iliddledrift. 

97.  ilr.  Joli.n  Tengo  .Tabavu,   Editor  of  the  Imvo. 

[U.G.  41— "22.] 


26 

98.   Cliailcs  Minld/.i.    \V.   C.   Mvaio,  .1.    Luviya,   .1.  Tvaiiizash:i,   •! .    Maiifiilsa.  J.   Macaiida, 

Z.  Mali,  M.  E.  X.  Pellem,  Kev.  vS.  Mvainlio,  lleadmeii  ami   Kcpies^entative  Natives, 

Kiiipwilliainslowii  District. 
09.   AV.  O.  (filter,  Esq.,  Lalnmr  A-^oiit. 
](in.    ('a])laiM    liaise,   Distiiit   ('(iiimiaiidaiil ,   Soutii   Afvicau  Police. 
1111.   S.   Masal)alala,   ¥.   Mokweiia.   S.   lien.  lU'v.  J.  W.   Giiaiiilaua,   P.   Swaitz,  representing 

the  Cape    Provincial   National   ('oniiioss. 
192.   Mesdanies   M.    Manana   and   A.    Sisliuba,   represent inj;-     Port     Elizabeth   Jhanch  <if   tiie 

IJantn  Women's  League. 
1  ()•").   S.  H.   Kemp,   E.sfj.,   Chief  Sanitary  Inspector,  Port  Elizabeth  Miinicipality. 
104.   C.  W.  Chabaud,  Esq.,  Maf,nstrate,"  Port  Elizabeth. 

lOo.   E.   Grattan,   Esq.,    Superintendent  of  Natives,  New  Prifihton  Government  Tjocation. 
lOG.   Iveverend  Tsewo,   Independent  Presbyterian  Church. 

107.  Matthew  Jansen,  Chairman,   Native  Advisory  Committee  of  the  Korsien  Local  l^oard. 

108.  P.  .1.   Nikiwa,  representing  Natives,   New  Brighton  Location. 

109.  G.  J.  Boyes,  Esq.,   Magistrate,  Cape  Town. 

110.  Lieut. -Colonel  II.   F.   Trew,   Deputy  Commissioner,   South  African  Police. 

111.  W.   llav,  Es(|.,  Secretary,  African  Native  AVelfare  Societv.  , 

112.  Pev.  Z.'  P.  Mahabane.  Pev.  W.  W.  Uliphant,  J.  Timiali',  M.  Senoajia.  C.  Gaxela,_J. 

ilabnla,    H.   Ivraai,   representing   the   Cape  Provincial    and     Local     Branch     Native 
Congress. 
IPi.  J.  ,T.  Wvlde,  Esq.,  late  Chief  Magistrate,  Cape  Town. 

114.  Pichard'M.  Tunzi. 

115.  T.    M.   Pichards,   Esq.,   Additional  Magistrate,   Cape  Town. 

lie.  Captain  11.  W.  Graham,  Acting  Deputy  Commissioner,  South  African  Police,  Kim- 
berley  Division. 

117.  Lieut. -Colonel   S.   T.  Davie,   (liticer  Commanding  -jtli   Pegiment,   S.A.M.P. 

118.  The  Pight  Peverend  Gore-lhowne,  Bishop  of  Kimberley  and  Kuruman. 

119.  W.  MacDonald,   Esq.,  T.  Callen,  Esq.,  and  I.  Dunn,  Esq.,  representing  the  Kindier- 

ley  Municipality. 

120.  V,.  W.   ]\rowbray,"  Esij.,   .1.   15.   Powell.   Esq.,   representing  the  Kimberley  Chamber  of 

Commerce. 

121.  A.  L.  Barrett,  Esq.,  Protector  of  Natives,  Gri((ualand  West. 

122.  Pev.   W.    Pescod,    Chairman,    Kimberley  and   Bloemfontein   District   of  the   Methodist 

Church . 
12:>.   M.  P.   Pascoc,   Es(].,  Vice-President,   Barkly  West  Diggers'   Union. 

124.  J.  van  Praagli.   Esq.,  .T.P.,   representing  the  Yaal  Piver  Estate  Diggers'  Association. 

125.  Captain  S.   Graves,   5th   Pegiment,   Commanding  S.A.M.P.,    Griqualand  West. 

126.  E.  W.  Thonms,  Estj.,  Inspector  of  Natives,  Barkly  AVest. 

127.  Pev.   Sidlai,    Xzceznla,    Matyalani,   Kokozela,   Liphnko,     Pev.     Mbungela,     Makapela, 

Mashoko,   I?.   Skota,  representing  Natives  of  Kimberley. 

128.  C.  Bosnian  and  E.  W.  Ella,  repre.senting  Klipdam  Native  Labourers. 

129.  Lieut. -Colonel  G.  S.  Beer,  O.B.E.,  Deputy  Commissioner,  South  African  Police. 

P.O.  Mr.  H.  S.  Msimang,  representing  Industrial  and  Commercial  AA^'urkers  of  Orange 
Free  State. 

Pll.  licv.   Mokae  and  Air.  J.   Mokgothi,   representing  Natives,  Thaba  'Nchu. 

132.  P.  F.  Setlogelo,  T.  M.  Mapikela,  J.  B.  Twayi,  J.  Alpinda,  P.  Kotsi,  J.  Sesing,  P. 
Phatlana,  ().  Mokhosi,  J.  Sikeletsa,  representing  (a)  Orange  Free  State  Native  Con- 
gress and  the  (h)  Bloemfontein,  (c)  Bethlehem  and  ((/)  Liudley  Native  A'igilance 
Associations. 

l.'5:i.  .1.  P.  I;Ogan,  Esq.,  Town  Clerk,  and  (t.  P.  (Jook.  Esi|.,  Superiulouleut  oi  Locations, 
representing  the  Bloemfontein  AInnicipality. 

134.  Mesdanies  C  Moloi,  A.  Mebalo,  N.  Dhlamini,  Al.  I'itso,  P.  Saul,  representing  Orange 

Free  State  Branch  Bantu  AVomen's  League. 

135.  S.  G.  B.  Molokane,  S.  G.  Moroka,  J.  Nt'hatisi,  J.  Twayi,  P.  Kotsi,  A.   Louw,  repre- 

senting Native  Advisorv  Board,  Bloemfontein  Location. 

136.  N.  J.  Daly,  J.  J.  .lohannessen,   H.  W.   P.  Clarke,  AV.   G.  Alurrison,  J.  K.  Kennedy, 

representing  the  Orange  Free  State  Branch,   African   Political  Organization. 

137.  P.   S.   Cope,   Es(j..  Pegistrar  of  Natives,  .Tageisfontein. 

138.  Pev.    J.    Dlokweli,    AVesleyan    Minister,    and    M.    Motsieloa,    representing    Colesberg 

Natives. 


ANNEX  riJK    B. 
PASS  LAWS  dl'  TilK   I Mii.V. 

PliOVINCE    (II''    Till".    ClM.DNV    (IF     TUK    CaI'K    Ol'    (i(IUJ)     lldi'K. 

1.  Colon II  /'laprr. 

The   Pass  Laws  of   llio   ('..I(iii\    I'n.por  sue    (-(mtaiiU'd     in     <  tnlinance     Nci.     'J  of     ]f^:\-; ^  OnVmawe'So.  2 
ontitlod  "  An  ( >iiliiKUic(>  ior  tlu'  more  ett'ecdial  |)rov('iitinii  of  riiines  a<i'aiiist   Life  anil  Pro- 
perty  williiii    the   Colony,"   ami   Ae(    No.   2'2  oi    IS(i7.   eiititleil    "  An    Aet    to  amend   tiie   Law 
lelalinii'  \o  llie  issue  of  Passes  to,  and  Conliaets  of  Sei\  ic'e  with  Natives,  and  to  the  issne 
of  Certificaies  of  Citizenship  and  to  provide  for  the  hetter  ])ro((M'tion   of   Properly."  ^^^.^   j^^    .,.,  ^^^ 

Act    No.    2'2  of  LSG7    enacts   thai    all    foreign    Natives  on    entering'   the   ('(dony   mnst    he  I8«7. 
piovided  with  passes.      A  native  forei{;ner  was  defined  as  "  any  iiiend)er  of  any  tribe,  otlier  CortKR-atos  of 
than  a  Fingo,   of  which  the  principal  Chief  shall  live  iievond  (he  borders  of  the  Colony."  citizensliiii. 
Natives  in  possession  of    Certificates    of    Citizenship    nnder     Act     No.     17    of     1H64    were  Native  Kxemp- 
exempted,    and   provisions   were  made  in   thi.s  Act   for   "rantintr   further   certificates.        ']'he ''""  •'^'''' ^'"^  •'" 
i;rantin<j'  of  these  certificates  has,   however,   now  fallen   into    dexuctiidc    and    no  moie  have    .    .      ',    . 
been   issued  since  the  i)assini>'    of     Act     No.   :!9  of    1887,   commonly   known   as   I  lie    ILjfmevr  '^"f""  'j'""^" 
Act.     ^riie  only   other   Act    controlling-   (he  entry  of   .\atives   into   the  Colony    is   Act    No.   20  No.  29  of  1 800. 
of  1857,     "  The  Kafir  JMnissaries  Act,"   made  piMpdual  by  ,\it   No.  'J!t  o\  l,S(i|. 

2.  British  BcclnunuiJond . 

In  British  Bechuanaland,  by  Proclamation   No.  2.   Seclion    18  (Ward,   ])aj,''e   14),   ])asses  ProclRiimtion 
are  lequired  by  all   Natives   leavin<r  Bechuanahind  and  also  by  Natives  domiciled    in   Cape  No.  2. 
Colony  and   any  other   part  of   South   Africa    who   desires   to   enter   Pecliuanaland.        These  Inward  and 
permits  must  be  obtained  from  some  officer  in  authority  entitled  to  issue  permits.  outward  passes. 

•J.   Transkeian   Territories. 

In  the  Transkeiiin  Territories     tlie     Pass     Laws  are    contained     in     I'roclamation     No.  rrodamat ions 
110/1879,  section  51   (for  the  Tninskei),   No.   112/1879,   se<_tion  51   (f(n-  Griqualand   East), 
No.   140/1885,   section    50    (for  Tembuland),     No.     497/1895    (for     Pondohuul),     and     No. 
109/1894. 

All   persons,    including-   I'liiropeans,    leavinjr  or   entering   the   Territcnies   or   going-   from  Jnwnrd  and 
(me  Territory  to  another  must   be  provided   with  a   pass  under   penalties   provided    in   these  ontward  passes, 
proclamations.     The   regulations   are,  however,    not   enforced   as  far  as   Europeans   are   con- 
cerned,  and  Proclamation  No.   92/190-)  defines  the  persons    who    are    retjuired  to  produce  who  reciuiro 
pas.se.?  on  entering  the  Territories  as  "  any  Basuto,   Bechuana,   Bushman,   Damara,   Fingo,  pusses. 
lTri(jua,    Hottentot,   Koranna,   Zulu   or  any  other  aboriginal   Native    of     Central     or     South 
Africa,  and  also  any  Arab,  Indian  or  other  Asiatic." 

Further,  by  N'.A.  Circular  No.  1/1909,  dated  the  ISth  Kel)ruary.  1909,  instructions  Exempted 
were  issued  to  Magistrates  not  to  enforce  the  regulations  in  the  case  of  Native  registeied  natives, 
voters,  although  on  taking  the  opinion  of  the  Government  Legal  Adviser  it  was  found  that 
the  provision.s  of  Act  No.  -W/ISS?,  in  this  respect,  were  not  in  force  in  the  Territories. 
Natives  are  at  the  same  time  to  be  advised  that  it  is  to  their  own  advantage  to  take  out 
pas,ses  in  view  of  the  laws  in  force  in  other  Colonies,  and  that  they  will  l>e  saving  them- 
selves inconvenience  and  delay  if  they  take  out  what  is  leally  only  in  the  n-,iture  of  a  pass- 
port. 

In  regard  to  the  Cattle  Pemoval  Act,  No.  14  of  1870,  wliicli  is  also  in  lon-c  in  the.  Cattle  Removal 
Tran.skeian  Territories,  it  has  been  found  that  this  Act  is  in  many  respects  unsuitable  for  Acj,  No.  14  of 
extensive  communal  lands  occupied  by  Natives.  '**'"• 

The  system  adoj)ted  by  most  Magistrates  is  to  re([uire  applicants  fm-  lemoval  permits, 
unless  well  known  to  them,  to  bring  some  well-known  person  to  testify  to  then-  legal  right 
to  the  stock  before  issuing  a  permit.  A  system  formerly  in  vogue  of  giving  headmen 
tokens  to  hand  to  applicants  applying  for  permits  as  proof  of  thieir  hoiui  fides  was  aban- 
doned, being  found  unsuitable,  owing  to  certain  iiregularities  in  (he  administration  of  this 
system  which  came  to  light. 

With  the  exception,  therefore,  of  Bechuanaland  and  the  Traiiskeian  Territories,  where 
permits  for  entrance  and  exit  are  recjuired,  in  the  Province  of  the  Cape  of  Good  Hope 
there  is  no  pass  law  system  at  present  in  vogue. 

Control  is,  h.owever,  maintained  under  the  ^'ag-rancy  Acts  Nos.  2-">  of  1879  and  27  of 
1889  under  whicb  any  owner,  lessee,  lawful  occupier  of  any  land  or  his  duly  authorised 
representative  can  apprehend  as  an  idle  and  disorderlj^  person  and  take  him  before  the 
nearest  Magistrate  or  Special  Justice  of  the  Peace,  any  person  found  without  his  permis- 
sion wandering  over  any  farm  or  loitering  near  any  dwelling  house,  shop  ....  kratil  or 
other  enclosed  place  or  loitering  upon  any  road  ciossMng  siuh  fai-m.  The  onus  of  proving 
his  bonii  fides  is  further  ])laced  on  the  ])erson  arnisted. 

Under  Act  No.  40  of  1902,   the    "  Native    lieserve     Location  A(-t    (liijan   Areas),"   by  jjg,j^.g 
section  eleven,  sub-section  15,  the  Governor  is  empowered  to  issue  regulations  "  prescribing  Reserved 
and  regulating  the  issue  of  passes  to  natives  entering  or  leaving  any  Native  reserve  loca-  Locations  Act, 
tion  and  ])roviding  for  th«  registration  of  all  such  natives,"  and  in  Proclanuition  112/1903,  ^°"  *^  °^  '^^^' 

[T^.G.  41--22.] 


'2S 


A|.ill,    IDO:;,  iv| 
Lociit  ions    have 


;ulal  idii.s  arc   imlilislicd 
l)eeii    t's(al>lislu"(l    unilcr 


Itn-   I  ho 
(liese 


AH 


])asscs  and 
Ndalicni 


idcnlifica- 
;>ud     New 


d.ileil    llu'  '111 

lion    cards. 

J?rigliton. 

Cattle  Removal  In   addition  to  these  statutes  under  tlie  Cattle  Removal  Act  No.   H  of  1871)  provisions 

fsTO  ^°'   '*  "^ '"■*'  "'="!''   <""■  *!»**   '•'*''"«  of  passes   to  persons  inovin;.-  stock   about   llie  country,   and  persons 

diivinji'  stock   may   l)e   comjjelled   l>y   any   Magistrate,   Justice    of     tiie  Peace,"  Field  Cornet, 

I'olice  (Itficei-  or  land  owner  to  produce  such  passes. 
'JVuycUing  of  Altlioufili   the   Pass  Laws  have  practically  fallen  into  disuse  in  the   Colony,   a   system 

tmtives  by  rail.  i,.^s  sprung'  up,   analogous  to  that  in  vogue  linder  the  Cattle  Removal   Act  of  1870,   under 


which,    while  not 
trict   to  another 


ot  sanctioned  by  law,   passes  are  issued  to  Natives  travelling  from  one  dis- 

■.     A   Native   leaving   the   reserve  locations   travelling  by  rail   and   desirous 

,,  ^  of  obtaining   the   benefit  of  the     railwav     concessions   provided,    is   compelled   to   produce  a 

I'ass  system  as  ■  ii  oj  it        '      ±-   ^     ,    ■      ■  i    ,      ^  •  i.i^,,  -^  ,. 

found  in  the       P"'*''''   ^if.^'ie''  .''.^'  "  pioper  othcer,   hetore  a  ticket  is  issued  to  him,  although  there  is  nothing 

Colony  proper,  to  prevent  him  legally  obtaining  his  ticket  by  paying  the  usual  full  fares  for  whatei\'er 
class  he  desires  to  travel  by.  Similarly  in  the  various  districts  of  the  Colony  it  is  the 
l)ractice  for  Natives  to  obtain  from  their  last  employer,  the  owner  of  the  land  on  which 
they  reside  or  the  Resident  Magistrate,  such  a  pass;  and  in  many  districts  they  are  in 
the  habit  of  presenting  themselves  at  the  Magistrates'  offices  to  get  their  passes' counter- 
signed. 
Advantage   to  This  system  is  a  convenience  to  the  Native  as  it  juovides  Iwm  with  what  is  practically 

native  of  a  pass,  ii  [jasspoit  and  frees  him  from  being  harassed  by  the  dtuiger  of  being  prosecuted  under  the 
Vagrancy  Acts  above  referred  (o.  TJie  Vagrancy  Acts  comprise  a  very  stringent  system 
of  vagrancy  regulations,   and   willnnit   some  identification   pass  or  card   a  Native  travelling 


by  road  in  the  Colony  is  in  danger  of  beini; 

4.    (ivitjU)lhlll(l    11  V.s^ 


irrested  as  already  stated. 


Registration  ot 
contracts. 


I'ndei   (Irdinance  No.   14  of  187^,  which  originally  applied  to  all  Griqualand  West  but 
has  since  been  repealed  except  in  its  application  to  Jvimberlej' District,  contracts  of  servants 


Hospital  tax. 


Niglit  -passes 
under  Act  lid  ot 
1895. 


are  required  to  be  registered,  and  under  section  eif/ht  a  registration  fee  of  Is.  is  payable. 
l''urther  by  section  three  of  Ordinance  No.  2  of  1874  a  monthly  fee  of  one  shilling  is  levied 
on  eaclii  contract  of  service  of  the  proceeds  ot  which  tax  two-thirds  is  devoted  to  the  main- 
t(Miance  of  hospitals  and  one-third  to  general  sanitary  purposes  in  the  districts  in  which 
levied. 

So  far  as  the  wording  ot  the  law  is  concerned  there  is  no  distinction  between  males 
and  females,  European,  coloure<l  persons  and  natives  although  in  practice  few  coloured 
servants  are  registered  and  no  J'juropeans  or  females.  Unemployed  natives,  however,  or 
natives  working  on  their  own  behalf  do  not  require  to  be  registered,  and  generally  it  may 
be  said  that   this  law  is  full  of  anomalies. 

Passes  are  also  provided  for  uiuler  the  Baikly  West  Labour  Regulations  ride  Govern- 
ment Notice  No.  31  of  1918,  issued  under  Act  No.  15  of  1911  in  respect  of  the  Barkly 
West  Labour  District. 

Mttnici jiiil  Pusses. 

By  section  two  of  Act  No.  ;JU  of  1895,  local  authorities  are  authorised  to  make  regula- 
ions  preventing  Natives  being  in  streets,  public  places  and  thoroughfares  of  local  authori- 
ties between  9  p.m.  and  4  a.m.  without  a  pass.  Natives  exempt  under  Act  No.  :!!•  of  1887, 
registered  owners  of  immovable  property  in  sucli  areas,  members  of  their  families 
resident  with  them,  and  Natives  in  possession  of  certificates  of  good  character  from  the 
Magistrate  of  the  District  are  uot  subject  to  these  regulations. 

Regulations  under  this  Act  have  from  time  to  time  been  frauied  bv  numerous  muni- 
cipal  bodies  throughout  th.e  Province. 


Classes    of 
passes. 


;  PASS  LAWS. 

Province  of  Natal. 

In  Natal  the  Pass  Laws  are  contained  in  Acts  Nos.  48  of  1884,  52  of  1887,  Proclama- 
tion 120/1910,  Acts  Nos.  49  of  1901,  i)  of  1904,  Proclamation  199/1904,  the  Cattle 
Removal  Act  No.   1  of  1899. 

These  passes  may  be  roughly  divided  into  four  classes:  — 

1.  Inward  and  Outward  Passes. 

2.  Identification  Passes. 

3.  Reference  Passes. 

4.  Cattle  Removal   Passes. 

liiirard  and  Outward  Passes,  vide  Act  48/1884. 

Act  52/1887. 

Regulations,   Proclamation  120/1910. 


•j!) 

I (h  III ifii-dtiini    I'lis.tcs. 
A. -I     Ml    l!M)l. 

l!oniila1i.)Ms,  (I.X.   ]!):i/l!)(M. 

CdliU    /i'l  iiiiiriil  /'asses. 
Act  No.  1/189!),  Tail   IT. 

Reference  Passes  are  purely  an  administrative  system  created  for  tlic  cnnvcnicnrc  nf 
natives  g'oing  from  one  officer  to  anotiier  to  tai<e  out  a  jjass,  and  arc  inlcndid  to  prdlcrt 
them  from  molestation  by  the  police  on  their  way. 

Inward  and  Oiilirard  Passes  are  in  the  nature  of  passports,  and  are  purely  temporary  Inward  and 
in  character,     lleo-ulations  are  laid  down  in  regard  to  them  in  Government  Notice  120  of  ""twanl  passes. 
1910  for  the  guidance  of  pass  officers.     Pass  otficeis  have  a  discretionary  power  in  regard 
to  their  issue,  but  any  refusal  to  issue  must  l)e  immediately  reported  to  the  Scci'etarv  for 
Native   Affairs,   wh,o  can   override   the   pass  offii'cr's   decision.        The   charge  jnade   for  each 
pass  is  one  shilling  (Is.).     (Vitain  exemptions  are  provided  undci-  the  regulations. 

Subject  to  these  exemptions  no  native  may  leave  the  colony  without  olMaining  an  out- 
ward pass.  (In  making  apj)lication  he  must  produce  his  identification  pass.  lie  nia\, 
however,  obiaiii  such  a  pass  from  the  Magistrate  of  any  district,  piovided  he  can  satisfy 
tlial  officer  that  he  is  the  person  referred  to  iii  his  pass  (section  LS  of  regulations).  Passes 
may  not  be  granted  to  minors  without  the  consent  of  tli.eir  guardians.  ]n  cases  where  the 
native  is  leaving  the  Province  to  take  up  his  residence  permanently  elsewhere  he  must 
either  apply  through  his  Chief  to  the  Pesident  Magistrate  of  his  district,  or  through  tliB 
authorities  of  the  State  to  which  he  desires  to  proceed.  The  ultimate  issue  of  such  a  pass 
rests  with  the  Secretary  for  Native  Affairs  (and  if  leaving  by  sea,  he  must  n\sn  apply  to 
S.N. A.  for  j)ass).  Persons  entering  the  Province  must  proceed  to  the  nearisst  ])ass  office  Inward  pa.'weB. 
(except  natives  entering  by  rail  and  holding  an  unexj)iretl  [)ass  of  another  Province,  where 
they  may  proceed  to  their  deslinatioa  liefore  applying)  and  take  out  a  |)ass.  Su(  ii  a  pass 
holds  good  for  one  year  or  longer  after  endorsement,  but  where  it  is  desired  to  fake  up 
permanent  residence  the  usual  formalities  must  be  gone  through  and  a  pass  obtained  from 
the  Secretary  for  Native  Affairs.  Accjuisition  of  landed  pioperty  in  the  Province  does  not 
free  a  native  from  the  retpiirements  of  these  regulations.  By  section  si.rlcru  penalties  for 
contravention  of  these  regulations  are  fixed,  and  a  line  of  t'KI  or  tiiree  numllis"  hard 
labour  or  both  can  be  imposed. 

Ideniifxiafion   Passes. — Act  49/1901.      This  Act    should   lie  read    in  cini  junci  ion   with  the  Definition  of 
Masters'   and   Servants"   Acts.      Its  object,    as   its  title   indicates,   is  to  regulate   the  employ-  "  servant." 
ment   and   engagement   of  native  servants  and    tf)   safeguard   the   employer.      The   definition 
of    "  native   servant  "    corresponds   to  that  under   the  Cape   Act    No.    12  of    bsrifi,    with    the 
addition   of   "  miner,    driver   and   hei'd,"    but  has  been    further   extended    liy   Act    '.\   of    1904,  service  in   lieu 
to    include   "  policeman,    messengers,    bumdry  workers,    jobbers   and    ricksha    pullers."      IJy  of  rent, 
section  tJiree  natives  rendering  service  on  the  farm  on  which  thev  reside  are  excluded,  but 
this  section  has  been  modified  by  section  four,  Act  3  of  1904,   which   iJrovide.s  that  either  i^.'.Ir'lV.'.'I.L^l 
jiarty  to  such  contract  may   by  reasonable  notice  to   the  other  re<pi]re  him  to  attend  before  before  nmpis- 
tlie   Magistrate;   when  the  Magistrate    must     ascertain  the  terms  of  the  contract,   and   that  traic. 
the  parties  are  agreed   thereon,   and  after  destroying  any  current   identification   ))ass,    issue 
a  new  one  with  the  terms  of  the  contract   endorsed  theron.        When   a   native  contract    is 
completed  and  he  ceases  to  reside  on  such  private  property  he  is  entitled  to  the  issue  of  a 
fresh  identification  pass. 

Passes  granted  under  Act  48  of  1884  are  sufficient  as  long  as  they  last,  but  being  only 

temporary   in   character    do  not  do     away     with     the    necessity  for  an   identification   pass. 

Every  native  who  enters  service  or  desires  to  be  registered  as  a  "  togt  "  labourer  or  under 

Law  21  of  1888  must  obtain  an  identification  pass  and  exh.ibit  whenever    required    to    do  L«"-  -l  of  1888. 

so  bv  his    master    or  any    police  officer.        These  passes  are  issued   in  the  same  manner  as  .  .    ,     ,. 

1  1  1  1  ■  1     i  i    •         1  1  TIM  1    1  1      i   Issue    of    ilupli- 

inward  and  outward   passes,    but    are  permanent   m  cliaracter.        Where  a   servant    has   lost  cate  passes. 

his   identification   pass  he  may  obtain  a  temporary    one  for  the    remainder  of   his  current 

contract  without  charge,   but  when  li.e  engages  himself    elsewhere  he    must    obtain  a  new 

identification  pass  at  a  charge  of   Is.  , 

Masters  are  required  to  keep  a  register  and  to  enter  a  copy  of  each  servant's  pass  r'ptiis'""'"  of 
therein.  They  are  on  no  account  to  deprive  the  servant  of  his  pass.  Before  granting  an  kept^'by "mast er 
identification  pass  the  pass  officer  must  satisfy  himself  that  the  ap])licant  is  a  proper  one 
and  in  cases  of  doubt  can  compel  the  applicant  to  be  accompanied  iiy  his  kraal  head 
or  some  accepted  person.  The  Secretary  for  Native  Affairs,  as  in  the  ease  of  outward  and 
inward  passes,  can  override  the  decision  of  the  local  pass  officer.  Provisions  are  made  in 
the  case  of  the  conviction  of  a  Native  for  the  crimes  of  fraufl,  ra])e  and  all  crimes  of 
indecency  for  a  return  to  be  rendered  of  the  same  to  the  local  pass  officer,  who  must  note 
the  same  in  his  register  against  the  pass  of  the  person  convicted. 

[F.G.  41— "22.] 


30 


Offciires  agninst- 
I'nss  Laws. 


"  Topt  " 
labourers. 


Hri^ist ration  of 
servants  in 
I'ietennaritz- 
liurK  and 
llurlian.  Act  21 
1  ««8. 

Cattle  remo\al 
permits. 


]{y    section    t  in  /il  i/-(iiic    M;io'ist  rates   ;irc   "iveii    juiisiliction    uudci 
section   lirciili/  certain  oltVnces  are  created:  — 


(1)  ilakino  false  statements  for  the  ]>ui 
coj)ies  of  <li(>  same  for  a   native; 

CJ)  iisino-  false  passes  or  in  anv  A\a\-  : 
Act  : 

(•i)    wit  liiioldino' 


these  A<ls  and  li\' 
ise  of  ol>tainin^'  indent  ifical  ion  passes  or 
emptin;^'    to    defeat    the    pro\isioiis   of    tji.is 


a    nati\(> 


pas.s. 

In  coitnection  with  identification  pas-ses  the  i)rovisi<in.- 
to  "  toi>l  "  laltonrers  should  be  noticed  and  alsoi  Act  jN'o. 
the  registration   of    native  servants  and  servants   helongin 
horoun^hs  of   l*ieterniaritzbur<>-   and   Durlian."        By  this  hnv   the  Town   Councils  of  Pieter- 
niaritzliury  and   l)url)an  a're  empowered  to  establish  a  system  of  registration  of  servants  and 

are  provided,  and  the  police  empowered 


(if  the  Act  28  of  19(12,  in  regard 
2i  of  iSScS,  an  Act  to  "  facilitate 
'•  to   uncivilised    races  within   the 


and   fines   inflicted   go   into  the 
pay   the   cost    of   inainteiumce  in 


frame  by-laws  for  regulating  the   same — })enaUies 
to  arrest.      Trials   must   be   before    the   Borough,  Magistrate 
borough   chest.        The  Ixjrough     on    the  oiiier     hand    must 
prison  of  offenders  under  the  Act. 

('(title  Ueinoval  I'cimits. — Pas.ses  for  the  removal  of  cattle  are  recjuired  by  Act  No.  I 
of  l.S!)"J,  Part  II.,  section  si.r.  These  passes  are  issued  free  of  charge  and  must  be  on  a 
piinted  form  and  the  name  and  address  of'  the  person  by  whom  granted.  The  date  of 
issue,  the  name  of  the  owner  of  the  cattle,  tlie  numlier,  (h'scription  and  brands,  it  any, 
()f  the  cattle,  the  phice  from  which  and  to  whic-h  the  cattle  are  lieing  removed,  the  name 
of  the  driver  (section  xcrcii).  Passes  hist -not  longer  than  21  days  unless  extended  by 
jiroper  officer  (section  eiyhi).  The  grantor  of  the  pass  must  be  .satisfied  that  the  cattle 
belong  to  the  applicant  and  receive  the  •written  consent  of  the  person  to  whom  the  cattle 
are  being  sent.  Passes  must  be  kept  six  months  (section  nine).  Any  native  owner  of 
horses  or  cattle  used  for  draught  or  riding  purpose,?  can  obtain  a  certificate  of  ownership 
which   will   free  him   from   the  necessity  of  taking  out   a  removal   pass  on  each  occasion. 


riefinition  of 
■'  native." 

Travelling 
passes. 


Refu,sal  to  issue 
passes. 


Issue  of  railway 
tickets. 


Identification 

labour 

passports. 


TPANSVAAL  PASS  PEGILATIONS. 

The  Transvaal  Pegulations  are  groujied  under  three  headings:  — 
General  Pass  liegulations ; 
Pass  Pegulutions  for  Labour  Distiicts,  and 
I'ass  Ivegulations  in  Mxinicipal  Areas. 

•Thev  are  contained  in  l'ro(  lamation  No.  87  of  1901,  as  amended  bv  Ordinance  27  /  190v{, 
regulations  issued  under  Proclamations  1,S/19();5,  5G/19l):i,  1/1905,"  82/1905,  15/1906, 
4/i;»()7,  2:i/1908,  171/1910  [V .),  199/1911,  221/191:!  and  (ioveimnent  Notice  1428/1918, 
the  Trban  Areas  Native  Pass  Act  No.  18/1909,  Government  Notice  No.  137-")/ 191)9,  as 
amended  by  Government  Notice  5-15/1912,  and  the  Night  Passes  Ordinance  No.  4:)/ 1902. 

"  For  th.e  purposes  of  these  regulations  '  native  '  i.s  defined  as  any  male  person  over 
14  years  of  age,  both  of  whose  parents  are  members  of  some  aboriginal  race  or  tribe  ot 
South  A'frica." 

All  natives  travelling  in  the  Transvaal  require  passes.  Passes,  however,  granted  out- 
side the  Transvaal  are  available  after  being  endorsed  at  the  pass  office  nearest  to  the  point 
of  entering  into  the  Province.  Within  the  Provinces  such  passes,  available  for  ten  days, 
may  be  issued  by  the  employer  of  any  native,  the  owner  of  the  farm  on  which  he  is 
risident  or  a  proper  official.  In  other  eases  (under  section  four.  Proclamation  18/190:!), 
application  must  be  made  to  the  nearest  pa.ss  office.  Each  pass  must  be  dated  and  state 
the  purpose  for  which  issued ;  not  more  than  one  name  may  be  included  on  such  pass 
(section  twelve),  except  where  a  native  is  accompanied  by  his  wife  or  children,  when  their 
names  mav  be  included.  Pass  officers  may  refuse  to  issue  passes,  Init  must  report  such 
action  at  once  to  the  local  Native  Commissioner  or  Magistrate,  who  can  order  the  issue  to 
be  made,  and  in  addition  appeal  lies  in  every  case  to  the  Commissioner  of  Native  Affairs 
(sections  thirteen  to  fifteen).  The  issue  of  railway  tickets  to  natives  is  prohibited,  excejjt 
where  thev  are  provided  with  proper  passes.  Natives  may  be  required  (o  produce  their 
pas.ses  on  deinand  by  proper  officials,  and  if  found  with.out  passes  or  proceeding  in  a  direc- 
tion other  than  that  indicated  in  their  pass,  may  be  arrested  as  vagrants.  Natives  can 
however,  obtain  a  duplicate  of  a  lost  pass  on  payment  of  the  proper  fee  (section  .^i.vteen). 

Labour  Districts. — (lleproclaimed  on  promulgation  of  Act  No.  15/1911.)  Labour 
districts  are  certain  districts  defined  and  proclaimed  as  such.  As  soon  asany  native  enters 
a  labour  district  he  requires  in  additiom  to  his  travelling  pass  an  "  identification  labour 
passport."  This  passport  must  contain  a  complete  record  of  the  individual,  and  must 
contain  the  history  of  his  movements  until  h,is  return  home.  If  the  labourer  is  introduced 
by  a  labour  agent  such  passport  must  be  registered  witliin  three  days  of  his  arrival.  If 
tiie  labourer  enters  seeking  work  on  his  own  account,  he  is  allowed  six  days  within  which 
tc  find  an  employer,  wlio  must  eftect  the  registration  within  a  further  three  days  of  the 
eno-ao-ement.     If  he  fails  to  find  work  within  the  allotted  time  he  must  return  to  the  pass 


y* 


office  aiul    "ol    \\\>    pass  ciuliilstMl    (o  i'i[al)lf   him   cillicr   Id    icluni    Ikhiic  dI'   inticci'il    lii  amithcr 
district.      Ill    addition    t"   lea-isdatioii    on    wliicli    a    ice   of   Is.    is   ])ayalilc,    a    nioiiUily    lalxmr 
pass   must  1)0   tai<cii   oii(   at    (li.c   ra(c  ol'  'Js.    a    iiioiilli,   |)ayal)lc  in  advance.      'I'lic  employer,   is  Mcitlily  labour 
made  responsilile   for    tlic   ))aynicnt     ol'   llicsc     tecs     and     miisl    keep    iii>   employee's   passport   l"is«. 
durin<i'  the  suhsislence  ot  iiis  lonliaci,   and  icluiii    il   dulx    daled  and   endinscd   to   its  (erniina-  j,;,„.,ioye,.-3 
tion.      Kverv   cmilracl    is   limited    to   :'>l.'i    wcnkini;-    chiys,    liul    can    lu'    vene\ve<l    alter    re-regi.s-  responsibility 
tratiou   at   the  ])ass   office.        No   contract   can    be   rejiistered    which    sti])ulates    for   a    lon<;er  for  fees, 
period  than   .'idl)  days   ((i.N.    1S45-    ^(i/ti/M).         In    ll>c  case   cd'   daily    lalxnirers   Ihe    pas-port   ,  j,„i,„,i„„  „,■ 
must  be  deposited  at    the  ])ass  office  and  the  labourer  himself  pays  the  monthly  fees  due  on  ,.i,„t,raf.|s. 
his  labour  passes.        Where  mitives  are  required  to  travel  in  or  outside  labour  districts  on 
tkeir  employer's  business  they  must  be  provided   with  special  travellino-  ])einiits  available  '''"'.^  l»i">i"'"rs. 
for  not  more  than   three   days.     Further,    in   case   ot  an    employer  of  over   20    natives   sn(di  |.^,„pioyor-a 
employer  is  required  to  keep  a  ref^'ister  and  render  a   numthly   reluni   showin;.;'  the  number  renister  of  20 
of  natives   employed — contracts   ex])ired — contracts  nuide,   deaths  and   desertions.      In   every  "n''\'<'«- 
ease  the  employer  must    at  once    repoit  the    death   or  desertion   of  a  servant,     and     before  i^e„tli  or 
entering  into  any  contract  of  service,  satisfy  himself  that   the  native's  passport   is  endoised  (Irscriion. 
by  a  medical  officer  with  a  certificate  as  to  o-ood  health  and  vaccination. 

In  cases  of  discharsje  from  <>aol  thic  initi\'e  must  be  "iven  a    note  to  the  ikiss  office  and  Medicnl 
,,         i-i  1  •  1,11  1  ii  11  il  ii-;         exatiiiiiation. 

the   discharo'ed     prisoner   sent   there,    wliere    lie    niusi    he   proviileil     with    a    pa--     antlunising 

him  to  seek  for  emjiloyment,  for  six  days. 

Penalties  ai'e  provided  for  desertion  and  misconduct  in  service  of  seivants,  wilhludd-""^^' 
iiio'  wages,  engaging  natives  without  projier  ))ass])oits,  or  where  they  have  been  dis(di;irged 
for  longer  than  G  days  without  endorsement,  or  where  their  jiassports  are  not  endorsed  by 
the  medical  officer — harbouring  unemployed  natives,  refusing  to  deliver  up  jiassjioils  at 
termination  of  contracts,  tam])ering  witli  a  ])assport  or  issuing  a  travelling  ])ass  to  or 
registering  himself  as  the  employer  of  any  native  of  whom  he  is  not  the  eni])loyer,  fing- 
iii,g  passes.  Provisions  are  also  made  for  the  tTovernnieiit  providing  ''  rest  houses  "'  fm- 
natives  seeking  employment  with,  aeconmiodaf ion  at   the  rale  of   Is.  jier  day. 

Urban  .4re«,s-.— By   frban  Areas  Native  Pass  Act  No.  IS/ 1909,  ^irovisions  are  made  for  Rest  houses, 
the  issue  of  passes  in  certain  urban  areas  set  "forth  in   the  second   schedule    of    the    above 
Act,  and  any  further  areas  which  may  be  from  time  to  time  jiroclaimed.     Regulations  are 
issued  under  this  Act  in  Government  Notice  No.   1:17''  of  1909. 

The  regulations  herein  contained  are  very  similar  to  those  existing  in  labour  districls. 
The  native  must  within  24   hours  of   his  arrival   in   an     urban     area    report    himself     at     the  „„a<.oa 

pass  office  and  produce  has  travelling  pass,  and  is  allowed  b  days  within  whnh  to  lind 
work.  An  identification  labour  passport  is  not  issued,  but  in  its  place  the  contract  of 
service  with  his  employer  is  I'egistered.  (But  bv  G.N.  54-')/ 1912  passes  can  be  taken  out 
for  6  months.)  Monthly  passes  are  also  required  but  the  charge  thereon  is  Is.  a  nionlh 
instead  of  2s.  a  month.  The  same  provisions  are  made  for  the  replacement  of  lost  passes, 
retention  of  contract  by  employer,  registration  of  daily  labourers  and  medical  examination 
as  in  labour  districts.  Similar  offences  are  also  constituted  and  made  subject  to  penalties.  forVi'tmirnreM. 
In  these  regulations,  however,  provision  is  made  for  natives  wishing  to  enter  urban  areas 
on  a  visit  or  for  the  purpose  of  transacting  business,  and  the  pass  officer  may  issue  him  a 
pass  for  a  period  not  exceeding  one  month,  free  of  charge,  at  the  expiration  of  which  time 
lie  must  report  at  the  pass  office  and  either  have  his  pass  extended  or  endorsed  to  enable 
him  to  leave  again. 

Provisions  are  also  made  for  the  issue  by  the  Magistrate,  free  of  charge,  of  permits  to 
natives  suffering  from  chronic  disease,  old  age  or  other  cause  incapacitating  tliem  from 
work,  allowing  them  to  reside  with.in  nrlian  areas  and  stating  a  period  for  which  siuh 
permit  shall  last.  Natives  also  residing  on  premises  of  an  Enro])ean  employer  outside  an 
urban  area  may  be  granted  a  permit  by  such,  enijiloyer  not  exceeding  10  days,  to  enter  an 
urban  area  on  their  master's  business. 

Ni^lU  P„sse.<,  OrfJiiiaiirr,  No.  48  of  1902.— Under  this  Act  the  definilion  cd'  native  is  Night  passes, 
somewhat  extended  and  iiuliides  any  person  one  of  whose  parents  belongs  to  any  of  the 
aboriginal  races  or  tribes  of  Africa,  south  of  the  Equator.  It  prohibits  a  native  being 
abroad  in  any  piiblic  place  within  any  town  council,  health  ward  or  other  area  proclaimed 
under  the  Act  between  the  hours  of  9  p.m.  and  4  a.m.  without  a  pass  from  an  employer 
or  some  person  duly  authorised  to  issue  such  passes. 

Under  the  Squatters'  Law  No.  21  of  1895,  section  seven,  owners  and  lessees  of  farms 
must  give  the  heads  of  coloured  families  residing  on  their  farms  a  permit,  showing  the 
place  where  they  may  reside.  By  section  four,  the  number  of  families  is  limited  to  five 
"except  with  the  express  consent  of  the  Government  acting  on  the  proposal  of  the  officials 
concerned  "  (section  six). 

Cattle  Removals. — There  does  not  appear  to  be  any  general  regulation  requiring  passes  Removal  of 
for  the  removal  of  cattle,  but    under  Act  14  of  1911,     and    the    regulations  thereunder  in  f""*''"- 
case  of  outbreaks  of  disease,  restrictions  are  imposed. 

Exemptions. — (Coloured  Persons  Exemption  Proclamation  No.  •'55/191)1;  Natives  Relief 
Oidi'nance  28/1902,   Government   Notice  542/1902.)       The  provisions  of  Proclamation  No. 
[U.G.  CI— '22.] 


32 


Exemptions. 

Exemption 
from   native 
tax  laws. 

Certificates   of 
registration    for 
skilled   artisans, 
etc. 


Transfer  of 
niliiiinist  ration 
of  urban  passes 
to  Government. 


•IS/ 1901  are  similar  fo  those  existing  in  the  Orange  Free  State,  and  the  proc-edure  of 
(ilitainiiig  leliers  of  exeniptinii  (he  same.  Tin's  enactment  relieves  the  holder  from  the 
Pass  llegulatidns.  Night  Passes  ( Irdinance,  Municipal  l)y-la\vs  rehtting  (o  llie  use  of  side- 
walks and  resi(h'iicc  in  municipal  hicalicins  and  also  lidni  the  Native  Tax  t  tidinaiice. 
Ordinance  2S/]!)()2  makes  the  procedure  of  oljtainiiig  letters  of  exemption  easier  in  the  case 
of  certain  natives  either  in  employment  or  working  hv  themselves  as  skilled  artisans, 
mechanics  or   tradesmen.      Certificates  of  registration   can   be  obtained  by  tliese  persons  at 

of    '"  '         '  "■  ■       -      -    --       - 


the  pass  office  on  a  ])ayment 
ilie  Pass  Eegulations,  Night 
lions.  They,  however,  must 
of  the  original  bein"-  lost,  at 

Bv  Act   Xo.   IS  of   11)01), 


t'l  a  year,  atid  such/  a  certificate  exempts  the  holder  from 
Passes  Ordinance,  Native  Tax  and  certain  municipal  regula- 
be  renewed  annually.  A  duplicate  can  be  obtained  in  case 
a  charge  of  .5s. 

the  control  and   issue  <d'  i)asses  has  been  transferred  from  the 

from    urban    jiasses    is   now 
.V   it. 


hands   of   munici|ial    bodies    In   the   (iovernment    and    the   revenue 
recei\ed    b\'    (bi\-crnnicri I ,    and    llie  cost   of   administraliiui    borne 


Inward  and 
outward  passes. 


Travelling 

passes. 


All  persons 
•  without  passes 
to  be  treated  as 
vagrants. 

Landowner 
must  keep  list 
of   all    natives 
on   tlieir   farms, 
with  their 
belongings. 


Special  travel- 
ling  passes 
umler  Act   9  of 
1  !iUU. 

1.  Trek  pass. 

2.  Labourers  on 
the  borders. 


Issue  of  railway 
tickets    pro- 
hibited   to 
persons    with- 
out passes. 


PASS  LAWS. 

PkoVINCE    of    OltAXGK    FifKK    StATE. 

The  laws  relating  to  passes  are  contained  in  the  following  enactments:  Native  Passes 
and  Squatting  (Articles  Ten  to  Thirteen,  Thirty  to  Tlurt;y-nine,  and  Part  III.),  Chap.  lliS; 
Supplementing  and  Amending  Part  II.  of  Chap.  Pi-'i  (Articles  Three  to  Eight),  Law 
4/189.5;  Further  Provisions  against  Vagrancy  and  Tlieft,  Law  8/1899;  Pass  Laws  Amend- 
ment,   Ordinance  !)/]9l)(j;    Pass   Laws   (Supplementary)    (Irdinance  oO/19()G. 

I.  hiwitrd  anil  (hitiniiil  Pimxes. 

l*]very  coloured  njale  over  16  years  coming  from  beyond  the  borders  of  the  Province  is 
required  to  liave  a  pass  signed  by  a  missionary  of  his  station,  his  C'hief  or  a  competent 
official,  and  must  state  the  object  of  his  journey,  destination,  time  allo-wed  and  number  of 
persons  and  gonds  he  is  taking  with  him  (section  fen,  Cltapter  cxxxiii..  Part  II.).  Such 
passes  are  available  for  seven  days  without  charge,  but  the  holder,  if  lie  intends  remaining 
in  the  Province  for  more  than  24  hours,  must  proceed  immediately  on  entry  to  the  nearest 
justice  of  the  peace  or  pass  issuer  and  get  his  pass  endorsed  (section  one,  sub-section  (2), 
Act  9/1906).  Passes,  however,  cannot  be  issued  for  a  longer  period  than  14  days  (sub- 
section (11),  section  one.  Act  9/1900). 

II.  TraveUinci  Passes. 

Within  the  Province  every  coloured  person  moving  about  must  be  provided  with,  a  pass 
or  can  be  arrested  as  a  vagrant  by  any  inhabitant  and  sent  to  a  field  cornet,  justice  of  the 
peace  or  Magistrate  (section  lira,  Chapter  cxxxiii.  Part  II.).  By  section  tlii itij-lliicr 
the  duty  of  examining  passes  is  thrown  on  every  burgher.  By  sections  thirty  and  tliirti/- 
faiir  the  Magistrate  can  place  such  vagrants  in  employment  oai  contract  and  by  section 
lliirti/si.r  landowners  and  occupiers  of  land  are  compelled  to  keep  a  list  of  all  coloured 
persons  residing  on  their  farms  with  their  goods,  cattle,  etc..  set  forth,,  which  must  be 
open  for  inspection  by  the  field  cornet. 

A  master  may  issue  a  pass  to  his  servant  to  proceed  on  his  master's  business,  available 
in  any  part  of  the  Colony  for  a  period  of  not  exceeding  14  days,  or  if  on  the  servant's 
business  for  7  days  (sub-section  (3),  section  one,  Act  9/1906.  A  coloured  landowner  has 
(lie  same  power  of  granting  passes  as  a  white  master,  but  only  extending  to  the  ward  in 
which  he  is  resident  (section  seven,  Act  4/1895).  Women  travelling  do  not  require  a  pass 
(sub-section  (9),  section  one,  Act  9/1906),  except  when  driving  stock  (Article  Three,  Law 
4/1895).  Special  passes  are  also  issued  for  travelling  under  Act  9/1906.  A  trek  pass 
luay  be  issued  to  any  coloured  person,  on  the  application  of  his  master,  to  travel  with  his 
own  or  his  master's  "stock  to  any  part  of  the  Colony.  Such  pass  is  only  available  while 
actually  travelling  and  in  no  case  for  longer  than  40  days.  At  the  end  of  such  period  it 
may  be  endorsed  by  a  pass  issuer  to  enable  the  holder  to  return  with  or  without  his  stock. 
Cojaiired  labourers  border  passes  are  issued  (under  sub-section  (5))  to  coloured  males  resid- 
ivf-y  beyond  the  border  who  are  in  the  bona  fide  employ  of  a  white  master,  and  have 
produced  a  certificate  from  him.  They  are  issued  for  not  longer  than  one  month  and  can 
be  renewed.  Coloured  evangelists'  jiasses  are  issued  (under  sub-section  (6))  to  coloured 
evanri-elists  attached  to  a  church  recognised  by  the  Government,  and  on  the  recommenda- 
tion "of  a  white  minister  of  such  church.  They  are  issued  by  the  Eesident  Magistrate, 
and  are  available  for  not  longer  than  six  months.  No  railway  ticket  may  be  issued  to  any 
native  not  provided  with  a  pass  (section  eight,  Act  4/1895),  "but  it  is  not  necessary  for  a 
7nale  coloured  servant  to  hold  a  pass  when  accompanying  his  master  by  train  (sub-section 
(7),  Act  9/1905).  By  sub-section  (10)  servants  leaving  their  place  of  service  to  complain 
against  their  masters  are  exempted  from  the  necessity  of  holding  a  pass,  after  such  a  pass 
has  been  unreasonablv  refused  by  the  master. 


33 

11  r.   Rpsideiifinf  Pnsse.i. 

These  niay   he  divideil    iiilci   tliroc  cliis^cs.    |{ur:il.    Mmiiii|i;il    ;iiul    l/iliinn     l)i>tiicl-i. 

((/)   By  scilioii   (iiir.   Act  iS/lS!)!)  excrv  ow  ihm-,   1css(>i',   (h   occiipici    of  ;i    l;niii    iinisl    iiiov  iili'  Residential 

.....  |)a.s.scs. 

every  male  coloured  j)ersoii  over  15  years  liviiiu'  with   liiiii  or   liircd  hv  him  to  wciiU  with   a 

residential  pass.      Such  pass  inu.st  be  fjiveii  to  liic  iialixc  as  soon   as  liii'  arrives  on  llic  tarui, 

and   failing-   to  do  so   reiideis     lli<^    owner     liable   to   penalties.        Siuli     ])asM's     arc     open     lo  n,,,,,,!   re^^i^.,,. 

inspection  by  tlie  field  cornet,  and  where  natives  aie   found  not  jxissessinj;'  fheni,  tliey  nni--l  liul  passes. 

be   tiealed   as  vajjiants.      In   connection     willi     tlicse     passes   the   pro\isions   in    rejiaid    lo   the 

number  of  native  families  allowed  on   a    tarm   slioiild   be  iioliccd   (.\(l    I    bS!t.')|.      'I'lic  (dijcd 

of   tiie  j)asses  is   to   maintain   a   chetdi  on   the   ninidicr  nt    iiali\c-,  on   cadi     laini.     and     mu;ii-<1 

against  unlicensed  s(|ualtinp'. 

(b)   MuiiiciiKil    I'dsxcs. — Municiiialities   and    \'illa<>-e   Manao'cnieiil  lioards  are  empowered '^'".","''1'"' 
1         I     /   TIT        .1  /I. in..    ,  •     ■    1  •  (.  1  1  11  1  1    ,•  1.  resicleiitml 

»}■  Act  JNo.   iS/ l.S!).)  to  appoint    K)catu)ns  tor  cohniied  ])e()])ic  and   make  reiruhilions  tor  con- .^j.^^.^ 

trolling  tKeir  residence,  nieetings    and    tlicii-    rights  nt  cattle  oia/in"-,   etc.       Thev  ai-e,  in 

fact,  under  this  Act  granted  very  wide  i)owers,   and  it   is  to   be  regretted  that   the  action  of 

the   muni<i])alilies  has   in   some  cases  lent    coloui'  to  the  accusation    that    tiiey  regarded    the 

natives  under  their  control  as  a   source  of  revenue. 

]}y  section  jour  of  Act  !)/l!»()li  municipalities  arc  cxemjjlcd   from  tjie  provisions  of  that  |;J,\'^[^f /i""" 
Act  in  regard  to  ]iasses  lieing  issued   lice.    Therefore,   thcv  arc  enabled    to  cl\aij;'e   for   the  resi-  .,aj,j,p^ 
dential  passes  which  must  be  lal<cn  out   under  section  iim  of  Act  S/bS!):!.  and  in  addition  tliey 
are  applied  by  .section  cif/lit  to  both  men  and   women.      In   this  section   we  get   a   dclinitidii. 
or  rather  a  description,  of  the  term  cohnired  peison  as  ini  lulling  "  any  man  or  woman  ovei'  "Coloured 
the  age  of  Hi  years  of  any  native  tribe  in   South   Africa,     and     also    all    coloured  ])ersons,  P^''-'*""^- 
and  all  who  in   accordance   with   law  or  custom  are  called  coloureil  ]>ersoiis  or  are  tieated  as 
such,  of  whatever  race  or  nationality."    It  is  the  application  of   the  law  to  include  women  Taxation   im- 
thaf  is  at   present   the  idiief  source   of   di.ssatisf action    amongst    the   coloured    jiopulation    in  P"***"*  ""  native 
the    Province.     The   policy   of  the   municipalities    is   no   doubt   directed   towards    jireventing 
iiumbers  of  undesirable  coloured  females  collecting  in  theii'  locations  and  at   the  same  time 
of  sending  them   into  service.      The  natives,  howevei',  resent  this,  and  it  has  been  urged  by 
their  representatives  that   if  this  law  is     drafted   with   a   view   to   obtaining    revenue,     tliey 
would  prefei'  being  taxed  in  oth.er  ways. 

By  section  tJirce  persons  desii'ing  to  work  on  their  own  account  must  obtain  a  certifi- 
cate over  and  above  their  residential  pass,  and  for  this  they  are  chaiged  fis.  a  month. 
The  certificate  must  mention  the  nature  of  their  employment,  and  the  fact  that  they  have 
obtained  leave  to  work  on  their  own  behalf. 

(<;)  In  certain  areas  which  h.nve  been  de(dare<l  lal)our  districts  under  the  piovisions  of  Labour  district 
section  neventeeii,  of  the  jN^ative  Labour  llegnlation  Act  Xo.  \o  of  ]!)11  {riilc  Pro(  lamation  P"-^**^**- 
No.  -501  of  1911)  every  native  resident  is  compelled  to  registei'  himself  and  obtain  a  regis- 
tration certificate  which  he  must  carry  and  on  whii  h  he  must  pay  a  legistration  fee  of  Is. 
a  month,  payable  bj-  the  employer  and  recoverable  from  the  native  through  his  wages. 
In  addition  to  this  he  is  liable  under  section  nine  of  tke  Regulations  {vlile  G.N.  1988/1911, 
Part  VII.),  to  the  payment  of  hospital  fees  at  the  rate  of  Is.  a  month  if  a  native  labourer, 
or  otherwise  6d.  a  month.  In  return  for  the  latter  fee  the  native  obtains  hospital  ])rivi- 
leges.  Any  native  registered  under  these  regulations  and  paying  hospital  fees  is  exem])t 
for  the  period  of  payment  from  Poll  Tax. 

IV.  Cattle  Removal  Passes. 

Besides  the  trek  pass  referred   to  under  travelling    passes,    by     ()idinance  f^2   of    l^fl'i,  cattle  removal 

Removal  of  Stock  Act,  no  person  is  allowed  to  lemove  any  stock  into  the  Proviiue  or  from  passes. 

one  district  to  any  place  outside  such  district   without  ol>taining  a   removal   permit  from  a 

Magistrate,   justice  of  thie  peace,  or  police  officer.     Such  permits  must  be  dated,  state  the 

number  and  description  of  the  .stock,   the  place  from  and  to  which  removed,  the  name  of 

the  owner  and  name  of  person  to  whom  pass  issued.     Such  permits  shall  remain   in   force 

not  more  than  20  days,    but  may  be   renewed   by   endorsement.        Failuie  to   comply   with 

these  recjuirements  renders   the  stock  liable  tO'  be  im])ounde(l     and     the    person     in     charge 

arrested. 

The  Issue   of  Passes. — The  provisions  dealing  with  th.e   issue  of  travellint;-    passes    are  ^  , 

,    ■       1    •      T.      .    TXT        f  rii        i  •••  T.  1  •       1       1       ^  >. '  ,.,,>         •  1    Issue  of  passes, 

contained  m  Part  111.  oi  Chapter  cxxxiii.       Passes    are    done  up  in  books    of    101)    with 

counterfoils,   and  can  only  be  issued  on  the  proper  form.       Justices    of    the    j)eace,     fitdd 

cornets  and  assistant  field  cornets  are  supplied  with  these    books    and    any    other    juMson 

appointed  as  a  pass  issuer.     Only  the  proper  officials  may  issue  them. 

ExemiJtions. — Certain   coloured   persons  are   exempted   from   the  provisions   of   the    Pass  Exemptions. 
Laws :  — 

(1)  An  ordained  minister  of  a  Christian  denomination   recognised  by  (iovernmenl. 

(2)  A  coloured,  person  holding   a   higher  educational  certificate  from   tli«  Education 

Department  in  this  or  any  other  British  Colony  and  holding  at  the  same  lime 
position  as  teacher  in  a  recognised   educatioiuil   establishment  in   the   Colony. 
[IT.G.  41— '22.] 


:U 


(3)   Coluiired   persons  exeirisinj;  piotVssioii   or  iiade.  .„^(;„„ 

4     ('oloured    persons   ..iititle.l    1o   hold    Hxod    property    under   sul.-se.'tu.n    (8),    section 
■  nnr.    Act    !)/l!)0(i.      Sn.l,    lu.ldinii    i<    re-nl;,led    l.y    Cl.ai.ter   xsx.v.    sections    one, 

firii  and  tliiif. 

These  persons  nn.sl   applv   In   tl.e   Lieutenant-Uovern.n-   for  letters  of  exemption  reliev- 
ino-  th,e,n  iron,  the  operations  ot  the  pass  laws.        These  letters     nn.sl     he    signed    by    the 
Cdonial   Seeretarv,   registered  an.l   the  date  of  ref-islrat  n.n  endorsed   thereon   (seetion    t,u>) 
Thev  nn.st  he  produeed  on  demand     hy    any    poli.-e    olliee,'  (sertion   llnrr),   and  cannot    I.e 
issued  to  the  ai)plicant  until  he  has  taken  aii  oath  of  alle-iiance. 

Ap,)lications  for  su.-h  letters  nnist  contain  the  particulars  set  forth  in  section  /o^/;,  and 
n.ust  be  supported  bv  a  certificate  of  good  .-haracter  from  a  Maoistrate  or  .instice  of  he 
Zc,  and  a  verifyin»-  affidavit  must  be  atta<-hed.  The  Lieutenant-(tovernor  may  refuse 
lo  issue  su.l,  letters  for  any  reason  whi.'h  appears  to  him  sulii-ient.  and  n,av  revoke  tben. 
on   cause  to  his  satisfaction  beinfi'  shown. 


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